Matinecock City Zoning Code
ARTICLE VI
Nonconforming Uses and Buildings
§ 195-29 Continuing existing uses.
[Amended 7-18-2000 by L.L. No. 3-2000]
Except as otherwise provided in this article, the lawfully permitted use of land or buildings existing at the time of the adoption or amendment of this chapter may be continued although such use does not conform to the standards specified in this chapter for the zone in which such land or building is located. Said uses shall be deemed nonconforming uses.
§ 195-30 Nonconforming use of land.
[Amended 7-18-2000 by L.L. No. 3-2000]
Where no building is involved, the nonconforming use of land may be continued; provided, however, that no such nonconforming use shall be enlarged or increased, nor shall it be extended to occupy a greater area of land than that occupied by such use at the time of the adoption or amendment of this chapter, unless specifically allowed by other provision in this chapter, nor shall any such nonconforming use be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of the adoption or amendment of this chapter, provided, further, that if such nonconforming use of land, or any portion thereof, ceases for any reason for any continuous period of more than six months or is changed to a conforming use, any future use of the land shall be in conformity with the provisions of this chapter. No nonconforming use of land shall be changed to another nonconforming use.
§ 195-31 Nonconforming use of buildings.
A.
A building or structure, the use of which does not conform to the use regulations for the district in which it is situated, shall not be enlarged or extended unless the use therein is changed to a conforming use. (See also § 195-32.)
B.
Such nonconforming building shall not be structurally altered to an extent greater than 50% of its actual value unless such alterations are required by law; provided, however, that such maintenance and repair work as is required to keep a nonconforming building or structure in sound condition shall be permitted, and provided further that any such nonconforming use may be extended throughout any parts of the building which were manifestly arranged or designed for such use at the time of the adoption or amendment of this chapter.
[Amended 7-18-2000 by L.L. No. 3-2000]
C.
A nonconforming use of a building may be changed only to a conforming use.
D.
If any nonconforming use of a building ceases for any reason for a continuous period of more than six months or is changed to a conforming use, or if the building in or on which such use is conducted or maintained is moved for any distance whatever for any reason, then any future use of such building shall be in conformity with the standards specified by this chapter for the district in which such building is located.
E.
If any building in which any nonconforming use is conducted or maintained is hereafter removed, the subsequent use of the land on which such building was located and the subsequent use of any building thereon shall be in conformity with the standards specified by this chapter for the district in which such land or building is located.
§ 195-32 Nonconformities in building height, yards or coverage.
A building that is conforming in use but does not conform to the height, yard or land coverage requirements of this chapter shall not be considered to be nonconforming within the meaning of § 195-31. No permits shall be issued that will result in the increase of any nonconformity in height, yard space or land coverage.
§ 195-33 Restoration of damaged buildings.
If any building legally nonconforming in use shall be destroyed by any means, it may be repaired or reconstructed to the same size and on the same location or at the location specified for new buildings in the district in which such use is located. All repairs or reconstruction for such nonconforming use shall be started within one year of the date on which the destruction occurred.
§ 195-34 Nonconforming signs.
[Amended 7-18-2000 by L.L. No. 3-2000]
Regardless of any other provisions of this chapter, every sign which, after the adoption or amendment of this chapter, may exist as a nonconforming use in any district shall be discontinued and removed or changed to conform to the standards of said district within a period of 18 months from the date of adoption or amendment of this chapter.