Mill Neck City Zoning Code
ARTICLE XI
Nonconforming Uses
§ 129-73 Continuation of nonconforming uses.
A.
A "nonconforming use" shall include any use, whether of a parcel or tract of land or of a building or structure or part thereof, which use does not conform to the use regulations of this chapter for the district in which such nonconforming use is located, either at the effective date of this chapter or as a result of subsequent amendment.
§ 129-74 Continuation of nonconforming buildings.
A.
A "nonconforming building" shall include any building or structure which does not conform to the regulations of this chapter, prescribing minimum yards, maximum height, frontage, minimum lot area, maximum coverage and minimum open space for the district in which such building is located, either at the effective date of this chapter or as a result of subsequent amendment.
§ 129-75 Nonconforming use permit.
[Amended 10-6-1992 by L.L. No. 8-1992]
For the purpose of recording the character and extent of any nonconforming use lawfully existing at the effective date of this chapter, the owner or lessee of any building or land may apply for an nonconforming use permit in accordance with the provisions of § 129-107.
§ 129-76 Changes in nonconforming use.
A nonconforming use lawfully existing at the effective date of this chapter may be changed to a conforming use. If a nonconforming use or building is changed to a conforming use or building, it shall not again be changed or altered except in conformity with the regulations prescribed by this chapter for the district in which such use or building is located. A nonconforming use shall not be changed to any other type of nonconforming use, except as otherwise provided in this Article XI.
§ 129-77 Enlargement or movement of nonconforming use of land.
A nonconforming use of land lawfully existing at the effective date of this chapter shall not be enlarged or increased, nor shall any such nonconforming use be extended to occupy a greater area of land than that occupied at the effective date of 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, unless such move will result in a conforming use.
§ 129-78 Enlargement or movement of nonconforming building use.
A nonconforming use of a building lawfully existing at the effective date of this chapter shall not be enlarged, increased or moved to any other part of the building or lot.
§ 129-79 Repair or alteration of nonconforming building.
B.
Normal maintenance of a nonconforming building lawfully existing at the effective date of this chapter is permitted, including repairs required by law or necessary to the safety of occupants of a dwelling, subject to § 129-79A.
C.
A nonconforming building containing a conforming use and lawfully existing at the effective date of this chapter may be altered, subject to § 129-79A, provided that such alteration will result in a conforming building or such alteration is required by law or any addition to a nonconforming dwelling shall conform to all applicable requirements of this chapter and that such addition shall not increase the cubical content of the altered dwelling by more than 25% in any case.
§ 129-80 Damage or destruction of nonconforming building.
A.
If a nonconforming building or a building or structure containing a nonconforming use lawfully existing at the effective date of this chapter is damaged by any means to an extent of less than 75% of the full value or cubical content thereof, such building or structure shall not be rebuilt or reconstructed except in conformity with the regulations of this chapter, except that, if reconstructed within one year after such damage, the said building may be rebuilt upon the same plan and with the same cubical content as that of the original building or structure.
B.
If a nonconforming building or a building or structure containing a nonconforming use lawfully existing at the effective date of this chapter is destroyed or damaged by any means to an extent of 75% or more of the full value or cubical content thereof or if such building is moved for any reason for any distance whatever, the said building or structure shall thereafter be rebuilt or reconstructed and used only in accordance with the regulations prescribed by this chapter for the district in which such building or structure is located.
§ 129-81 Abandonment of nonconforming use.
The discontinuance of a nonconforming use for a period of one year shall be regarded as permanent abandonment, and, thereafter, the land, building or structure where such nonconforming use previously existed shall be used and occupied only in conformity with the regulations prescribed by this chapter for the district in which such land, building or structure is located. Intent to resume active operations shall not affect the foregoing, except that the provisions of this section shall not apply where such discontinuance is directly caused by war, strike or the construction of a public improvement by a governmental agency.
§ 129-82 Prior approval continued.
Nothing in this chapter shall be deemed to require any change in plans, construction or designated use of a building on which construction was lawfully begun prior to the effective date of this chapter and upon which building construction has been diligently carried on, provided that such construction shall be diligently carried on and completed within six months from the effective date of this chapter.