Greenport City Zoning Code
ARTICLE VIII
Nonconforming Uses and Nonconforming Buildings
§ 150-20 Nonconforming uses.
The following provisions shall apply to all nonconforming uses:
A.
Except as expressly provided herein, any nonconforming use may be continued indefinitely, except that such nonconforming use and any building, structure or property on which such nonconforming use is located:
(1)
Shall not be enlarged, altered, extended, reconstructed or restored or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever.
(2)
Shall not be moved to another location where such use would be nonconforming.
(3)
Shall not be changed to another nonconforming use without approval by the Board of Appeals, and then only to a use which, in the opinion of the Board of Appeals, is of the same or of a more restricted nature.
(4)
Shall not be reestablished if such use had been changed or replaced by a conforming use.
(5)
Subject to the following, any use rendered nonconforming upon the adoption of Local Law 3 of 2023,[1] if thereafter abandoned, may not be reestablished. Abandonment of such use consists of an overt act, or failure to act, that leads one to believe that the owner or user neither claims nor retains any interest in continuing the nonconforming use unless the owner can demonstrate to the Building Department an intent not to abandon the use. An involuntary interruption of a nonconforming use, as by fire, flood or other natural catastrophe, does not establish the intent to abandon the nonconforming use. However, if a) after the halting of such use, no building permit application is filed with the Building Department within six months after halting such use, or b) after the timely filing of a building permit application, the applicant fails to diligently pursue the processing of the application and any municipal or administrative required approvals and complete such approvals and obtain a certificate of occupancy or completion within two years after the halting of the use, the owner and/or user is presumed to have abandoned the nonconforming use, unless that presumption is rebutted by the presentation of sufficient evidence of intent not to abandon the use. If an owner or user is unable to obtain a certificate of occupancy or completion within the two-year period, the owner may request an extension of time to complete the work and obtain the required certificate. This request must be submitted in writing to the Building Department setting forth the diligent efforts that have been made, including a timeline of all actions taken by the owner or user. Upon the submission of such information, the Building Department shall refer the request to the Planning Board. Upon a showing of good cause, the Planning Board may determine that the nonconforming use is not abandoned on account of the diligent efforts shown, for a period not to exceed one additional year beyond the original two-year period.
§ 150-21 Nonconforming buildings with conforming uses.
A.
Nothing in this article shall be deemed to prevent normal maintenance and repair, structural alteration, moving, reconstruction or enlargement of a nonconforming building, provided that such action does not increase the degree of or create any new noncompliance with regards to the regulations pertaining to such buildings.
B.
Reconstruction of a damaged nonconforming building.
(1)
A nonconforming building containing a conforming use which has been damaged by fire or other causes to the extent of more than 50% of its fair value shall not be repaired or rebuilt unless such building is made substantially to conform to district bulk and parking regulations (§§ 150-12 and 150-16).
(2)
Application for a permit to build or restore the damaged portion of any building damaged or destroyed as set forth in Subsection B(1) above shall be filed within one year of the date of such damage and shall be accompanied by plans for reconstruction which, as to such portion, shall comply with the requirements set forth above. If such permit is issued, it shall lapse one year thereafter unless reconstruction in accordance with the approved plans has been initiated.
(3)
Where application for a permit to build or restore is not timely filed, or where a permit timely issued shall lapse as provided in Subsection B(2) above, the reconstruction or restoration of any building damaged or destroyed as set forth in Subsection B(1) above shall no longer be permitted unless a variance therefor shall have been granted by the Board of Appeals.
§ 150-21.1 Nonconforming buildings with nonconforming uses.
A.
A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use.
B.
A nonconforming building containing a nonconforming use which has been damaged by fire or other causes to the extent of more than 50% of its fair value shall not be repaired or rebuilt unless the use of such building is changed to a conforming use. The foregoing limitation shall not apply to any building or use rendered nonconforming by the adoption of Local Law 3 of 2023,[1] referred to hereinafter as an "exempt building/use." The owner of an exempt building/use shall be entitled to rebuild and restore an exempt building/use to the same condition that existed prior to the occurrence of any casualty, regardless of the extent of the casualty or the damage to fair value of the structure of the exempt building/use. The owner of an exempt building/use shall be required to secure a building permit in connection with its restoration or rebuilding and, so long as the restoration or rebuilding is identical to the exempt building/use prior to the casualty and any previous discretionary zoning, planning or other land use approval has not lapsed, shall not be required to secure any discretionary zoning, planning or other land use approval in order to restore or rebuild the exempt building/use to the condition that existed prior to the event of the casualty. The owner's right to rebuild and restore an exempt building/use shall be governed by the provisions of § 150-20A(5) of this article, and the failure to comply with the deadlines for action set forth therein may result in the owner's loss of its right to restore and rebuild an exempt building/use in the same manner that applies to the abandonment of a nonconforming building or use. For purposes of determining whether the restoration or rebuilding is identical, where any change in the exempt building/use would require discretionary zoning, planning or other land use approval, the restoration or rebuilding shall not be deemed identical, and such discretionary land use approval shall be obtained as a condition of the restoration or rebuilding of the exempt building/use.
C.
A nonconforming building containing a nonconforming use shall not be altered, repaired or remodeled where such alteration, repair or remodeling shall create a new nonconforming use.
§ 150-22 Termination of nonconforming uses.
A.
Each of the nonconforming uses specified below is deemed sufficiently objectionable, undesirable and out of character in the district in which such use is located as to depreciate the value of other property and uses permitted in the district and to blight the proper and orderly development and general welfare of such district and the community to the point that each of such nonconforming uses shall be terminated on or before the expiration of the specified period of time after the effective date of this chapter:
(1)
In any residence district, any nonconforming use of open land, including such uses as a parking lot, house trailer, junkyard or open storage yard for materials or equipment, may be continued for three years after the effective date of this chapter, provided that after the expiration of that period such nonconforming use shall be terminated.
(2)
In any residence district, any sign not of a type permitted, or of a permitted type but greater than the maximum size permitted, may be continued for one year following the effective date of this chapter, provided that after the expiration of that period such nonconforming use shall be terminated.
§ 150-23 Repairs and maintenance.
Notwithstanding any of the foregoing regulations, nothing in this article shall be deemed to prevent normal maintenance and repair of any use or building nor the carrying out upon the issuance of a building permit of major structural alterations or demolitions necessary in the interest of public safety. In granting such a building permit, the Building Inspector shall state the precise reason why such alterations are deemed necessary. However, where the repairs or improvements are identical to the exempt building/use as defined in § 150-21.1B, the owner of any exempt building/use shall be entitled to the issuance of a building permit authorizing the owner to make repairs or improvements to its exempt building/use for any reason, and such owner shall not be obligated to show that any proposed repairs or improvements are necessary in the interest of public safety. Such repairs and improvements shall not affect the legal nonconforming status of the exempt building/use and shall not require the owner to secure any discretionary zoning, planning or land use approval prior to its issuance, so long as such repairs and improvements do not pertain to the expansion of the structure or the intensification of the use or would result in a building or use that is not identical to the exempt building/use, as "identical" is defined in § 150-21.1B.