Nassau City Zoning Code
ARTICLE XIV
Nonconforming Uses, Area and Bulk
§ 120-71 Continuation of lawful use.
The lawful use of any land or a building or structure or a part thereof existing at the time that this chapter or any amendment thereto becomes effective may be continued although such use does not conform with the provisions of this chapter, except as otherwise provided in this Article XIV.
§ 120-72 Discontinuance.
A.
When a nonconforming use of land, a building or a structure has been discontinued for a period of a year or more, it shall not thereafter be reestablished, and the future use of the land, building or structure shall be in conformity with the terms of this chapter.
B.
There shall be no nonconforming automobile wrecking yard or other junkyard.
§ 120-73 Change of use.
No nonconforming use shall be changed to other than a conforming use for the district in which it is situated.
§ 120-74 Maintenance, alterations and extensions.
A.
Nothing in this chapter shall prevent the renovation, repair or maintenance of a nonconforming structure or lot made necessary by ordinary wear and tear. A building or structure of a nonconforming use may be repaired or restored to a safe condition.
B.
A nonconforming use or structure may be extended, enlarged or structurally altered in order to comply with this chapter. However, it shall not be extended, enlarged or structurally altered if such change will make the use or structure more nonconforming.
C.
A nonconforming use may be rebuilt in the event of partial destruction thereof to occupy the same space on the lot or may be rebuilt to provide greater yard space and less lot coverage and to not exceed the height of the totally or partially destroyed building.
D.
No such alteration or extension may violate any provisions of this chapter regarding yards, lot area or lot coverage for the district in which it is situated or increase any existing violation of such provisions.
§ 120-75 Damage.
A.
Damage to building or structure containing nonconforming use.
(1)
Damage of 40% or more. Any building or structure containing a nonconforming use which is damaged by fire, flood, wind or other act of God or man to the extent of 40% or more of its fair sales value immediately prior to damage shall not be reoccupied, reused and/or reconstructed except in conformity with the provisions of this chapter.
(2)
Damage to more than 20% but less than 40%. Any building or structure containing a nonconforming use which is damaged by fire, flood, wind or other act of God or man to the extent of more than 20% but less than 40% of its fair sales value immediately prior to damage shall not be repaired or reconstructed except in conformity with this chapter, unless such reconstruction is substantially completed within 12 months of the damage. Construction is limited to the existing use.
B.
Damage to nonconforming building or structure.
(1)
Damage of 40% or more. Any nonconforming building or structure which is damaged by fire, flood, wind or other act of God or man to the extent of 40% or more of its fair sales value immediately prior to damage shall not be repaired or reconstructed except in conformity with the provisions of this chapter.
(2)
Damage of more than 20% but less than 40%. Any nonconforming building or structure which is damaged by fire, flood, wind or other act of God or man to the extent of 20% or more but less than 40% of its fair sales value immediately prior to damage shall not be repaired or reconstructed except in conformity with this chapter, unless such reconstruction is substantially completed within 12 months following the damage.
§ 120-76 Exemption for dwelling buildings.
The limitations of § 120-75 shall not apply to a building or other structure utilized as a dwelling which is nonconforming only in respect to yard space or area per dwelling and nonconforming to the district in which it is located, except that no dwelling building shall be altered, added to or reconstructed to extend further into an already deficient yard space or to reduce an already deficient amount of land area per dwelling.