Nissequogue City Zoning Code
ARTICLE VI
Nonconforming Uses
§ 128-41 Continuation of existing uses.
Except as otherwise provided in §§ 128-42 through 128-49 and § 128-33C, the lawfully permitted use of land or buildings existing at the time of the adoption of this chapter or any amendment thereto may be continued, although such use does not conform to the regulations specified by this chapter for the district in which such land or building is located. Said uses shall be deemed nonconforming uses.
§ 128-42 Alteration of nonconforming buildings.
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 such building or structure, including such enlargement or extension, is made to conform to all regulations, including use, for the district in which it is situated; provided, however, that where the public welfare, health or safety warrants a reasonable and necessary extension, such extensions may be temporary or permanent, and permission therefor shall be obtained by application to and approval by the Board of Appeals.
§ 128-43 Maintenance of nonconforming buildings.
A nonconforming building shall not be structurally altered 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 lawfully and manifestly arranged or designed for such use at the time of the adoption of the provisions of this chapter which made said use nonconforming.
§ 128-44 Change from nonconforming use.
A nonconforming use of a building may be changed only to a conforming use.
§ 128-45 Return to nonconforming use after cessation or change.
If any nonconforming use of a building ceases for any reason for a continuous period of more than 120 days 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 reason, then any future use of such building shall be only in conformity with regulations specified by this chapter for the district in which such building is located.
§ 128-46 Use after removal of building.
If any building in or on which any nonconforming use is conducted or maintained is hereafter removed, the subsequent use of the lot on which such building was located and the subsequent use of any building thereon shall be in conformity with the regulations specified by this chapter for the district in which such land or building is located.
§ 128-47 Area of nonconformity.
A building that is conforming in use but does not conform to the height, yard or floor area requirements of this chapter shall not be considered to be nonconforming within the meaning of §§ 128-42 through 128-46. However, no permit shall be issued that will result in the increase of any such nonconformity.
§ 128-48 New buildings on nonconforming lots. [1]
A.
A permit may be issued for the erection of a building housing a permitted use on any lot which has been made nonconforming with respect to area, depth, width or frontage requirements, by the adoption of this chapter or the Zoning Map or any amendment thereto, provided that a valid conveyance has been recorded or a bona fide contract of sale for said lot has been executed and delivered prior to the date of the adoption of the provisions of this chapter that made the lot nonconforming, except that where the owner of any such lot also owned or had under contract to purchase adjoining land on said date, such other land or so much thereof as may be necessary, shall be combined with the original lot to make a single conforming lot, if possible, or otherwise a lot that is conforming to the fullest extent possible.
B.
In the case of a lot having nonconforming dimensions in a particular district, the minimum required front and rear yards shall be those of the residence district in which said lot's depth would meet the requirements of this chapter, and the minimum required side yards shall be those of the residence district in which said lot's width would meet the requirements of this chapter, but in no case shall such yards be less than would have been required prior to the date of adoption of this chapter.