Islandia City Zoning Code
ARTICLE III
Applicability; Nonconforming Uses, Structures and Lots
§ 177-13 Conformity.
Zoning regulations and use districts as herein set forth are approved and established. The Zoning Map which accompanies this chapter is hereby declared to be a part hereof, and all notations, references, etc., shown thereon shall be as much a part of this chapter as if fully described herein. No building or land shall be used and no building shall be erected or structurally altered except in conformity with this chapter. No building or land shall be used for any trade, industry or purpose that is noxious or offensive by reason of emission of odor, dust, smoke, gas fumes, noise, etc., or that is detrimental to the health, safety, morals or general welfare of the community.
§ 177-14 Special definitions.
As used in this article, the term "nonconforming use" shall include nonconforming structures and nonconforming lots.
§ 177-15 Continuation, change, destruction or discontinuance of nonconforming use.
A.
Any legal nonconforming use may be continued, except as set forth in § 177-96; provided, however, that a legal nonconforming use shall not be changed unless changed to a conforming use. A legal nonconforming use, if changed to a conforming use, may not be thereafter changed to any nonconforming use.
B.
Discontinuance of any nonconforming use for a period of one year or more terminates such nonconforming use of a structure or premises, and thereafter said structure or premises shall not be used except in conformity with provisions of this chapter.
C.
No building which has been damaged by fire or other causes to the extent of more than 50% of market value, as determined by the Planning Board, exclusive of foundations, shall be repaired, rebuilt or used except in conformity with the provisions of this chapter.
§ 177-16 Extension within a building of nonconforming use.
No legal nonconforming use may be extended within a building except by special permit from the Village Board of Trustees.
§ 177-17 Expansion of a building utilized for a nonconforming use.
A building arranged, designed or devoted to a nonconforming use at the time of the passage of this chapter may not be expanded without a special permit from the Village Board of Trustees.
§ 177-18 Merger of nonconforming lots.
[Added 7-1-2014 by L.L. No. 1-2014]
Any nonconforming lot, that is a lot that is nonconforming for any reason, that is adjacent to or contiguous with any other lot that has 50% or more common ownership with such nonconforming lot shall be deemed to be merged with that lot for zoning purposes, that is for all purposes under Chapter 177 or any other relevant provision of the Islandia Village Code, except if the merger would be created by the death of a party then the estate of that party shall have one year from the date of death to make a conveyance to avoid the merger, which shall otherwise be in effect.
§ 177-20 Certificate of occupancy for nonconforming use.
All applications to establish a nonconforming use shall be heard, after notice to the surrounding property owners, by the Board of Appeals.
A.
An applicant shall send due notice of said application to the owner or owners of real property within 200 feet of the subject property. Proof of service shall be submitted and filed at the public hearing which shall also include the return receipts and proof of mailing and affidavit of mailing with the Board at the time of hearing. Such notice shall be given not less than 10 days prior to the date of hearing. The notice shall be mailed by certified mail, return receipt requested. Upon the day of the hearing, said receipt shall be submitted to the Board along with a copy of a tax map showing the premises and all premises within 200 feet.
[Amended 2-1-1996 by L.L. No. 2-1996; 4-1-2002 by L.L. No. 3-2002]
B.
Upon confirmation by the Board of any legal nonconforming use, a building inspector shall issue an endorsement to the building certificate specifying the legal nonconforming use, and said document shall constitute presumptive use in any action or proceeding brought under this chapter.