Lynbrook City Zoning Code
ARTICLE II
Nonconforming Buildings and Premises
§ 252-3 Continuation permitted.
The lawful use of any building or land existing at the time of the enactment of this chapter may be continued although such use does not conform to the provisions of this chapter, except as hereinafter provided.
§ 252-4 Alteration or reconstruction.
[Amended 10-20-2003 by L.L. No. 10-2003]
A.
A nonconforming use shall not be enlarged or extended, nor shall any structural alteration be made in any building.
[Amended 8-14-2006 by L.L. No. 8-2006]
B.
The Board of Zoning Appeals may consider an application for an enlargement or extension of a nonconforming building or a building with a nonconforming use; however, no grant of the relief sought may be made unless the Board considers and makes findings with respect to:
(1)
The relationship and compatibility of the proposed enlargement or extension with the surrounding neighborhood; and whether the enlargement or modification would have any negative economic, social, natural or physical effect on the surrounding neighborhood, any Village residents, or the Village as a whole.
(2)
Whether the proposed enlargement or extension would have a materially adverse aesthetic impact such as to negatively affect the economic, social, physical or material assets or character of the surrounding properties or the Village as a whole.
(3)
Whether a limitation on the time for the enlargement or extension is appropriate as reasonably required for the Board to reevaluate the impacts of the enlargement or extension upon the neighborhood, Village residents, or the Village as a whole.
(4)
Environmental considerations under SEQRA regulations, and the preservation of natural resources.
(5)
Whether there will be any negative effect upon the health, safety and welfare of Village residents should the relief sought be granted.
C.
Nothing in this article shall be deemed to prevent the keeping in good repair of a nonconforming building or a building with a nonconforming use.
§ 252-5 Restrictions on repair of damaged buildings.
A.
No building damaged by fire or other causes to the extent of more than 50% of the replacement value of such building shall be repaired or rebuilt, except in conformity with the regulations of this chapter.
B.
Before any repairs or reconstruction may be begun or made on such damaged or destroyed buildings a permit must be obtained from the Superintendent of Buildings, upon an application made therefor upon plans and information furnished to such Superintendent pursuant to this chapter and other Village ordinances or codes applicable thereto.
§ 252-6 Abandonment.
When a nonconforming use has been discontinued for a period of one year or more, such use shall be deemed abandoned, with the right, however, to the owner or lessee to give proof before the Superintendent of Buildings that there was no intention to abandon such nonconforming use and to appeal from his decision to the Board of Appeals, except that where there is a nonuser of the nonconforming use for a period of two years, then the right to put said building and premises to such use shall cease and come to an end, and the premises shall thereafter be put to conforming uses only.
§ 252-7 Reversion to nonconforming use prohibited.
Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use.
§ 252-8 Displacement of conforming use prohibited.
No nonconforming use shall be extended to displace a conforming use.
§ 252-9 Permit application procedure.
Applications for building permits shall be made to the Superintendent of Buildings. The application shall contain such plans and written information as may be necessary to show that the proposed construction or use will comply with the provisions of this chapter and such other Village ordinances and codes as may be applicable.
§ 252-10 Work under existing permits may be continued.
Nothing contained in this chapter or an amendment thereof shall require any change in the plans, construction or designated use of the building for which a permit has been issued, provided that construction or use thereof has been started prior to the adoption of this chapter or amendment made thereto.