Northport City Zoning Code
ARTICLE VI
Nonconforming Locations and Uses
§ 306-28 Existing lawful nonconforming locations and uses.
[Amended 6-5-1984 by L.L. No. 5-1984]
A.
Any lawful location of any building or any lawful use existing in any building or structure or part thereof, or upon any land or premises or part thereof, at the time this chapter takes effect may be continued on the same premises and in the same building or structure, or in the same part thereof or upon the same part thereof, even though such use or location does not conform to the requirements of this chapter for the district in which such use or building is located, except that the removal of topsoil or other earth for sale or use contrary to the provisions of § 306-19 of this chapter may not be continued for more than six months after this revised ordinance takes effect and except as to the provisions of Chapter 243, Signs.
B.
Class I and Class II flammable liquids.
(1)
Any lawful location of any business or public garage, automobile service or filling station, automobile repair shop and automobile body shop, located in a district other than the Highway Business District, which on the date of adoption of this section included among its uses the sale of Class I flammable liquids for the operation of a motor vehicle shall be prohibited from expanding said nonconforming use to include the installation and/or use of coin-operated dispensing devices for the dispensing of Class I flammable liquids or in any way dispensing said Class I flammable liquids by other than a service station attendant. (The term "Class I flammable liquid" shall be the same as defined in the State Uniform Fire Prevention and Building Code of the State of New York.)
(2)
Any lawful location of any business or public garage, automobile service or filling station, automobile repair shop and automobile body shop, located in a district other than the Highway Business District, which on the date of adoption of this section included among its uses the sale of Class I and/or Class II flammable liquids for the operation of a motor vehicle shall be prohibited from expanding said nonconforming use to include the offering for sale of Class I and/or Class II flammable liquids during and between the hours of 12:01 a.m. and 6:00 a.m. (The term "Class I and/or Class II flammable liquids" shall be the same as defined in the State Uniform Fire Prevention and Building Code of the State of New York.)
§ 306-29 Extensions and remodeling of nonconforming uses.
[Amended 11-16-1976 by L.L. No. 14-1976]
A.
A permit may be issued by the Code Compliance Director for any extension or remodeling of any structure which is nonconforming to the area requirements only of the district in which it is located, provided that any such enlargement or remodeling does not increase the existing area nonconformity nor create a new area nonconformity.
B.
The following structures may be extended or remodeled, provided that a permit is first issued by the Board of Zoning Appeals pursuant to § 306-39F; and provided, further, that no such structure may be extended or remodeled to an extent exceeding 25% of the ground floor area existing at the time of adoption of this provision:[1]
(1)
A structure used for a nonconforming use located in a nonresidential zone.
(2)
A structure nonconforming to the area requirements of the district within which it is located, but containing a permitted use and for which the proposed extension or remodeling would not increase the existing area nonconformity or create a new area nonconformity.
C.
A permit may be issued by the Code Compliance Director for the repair or reconstruction of any business or commercial structure which is nonconforming to the use requirements of the business or residential district in which it is located in the event that the structure has been damaged or destroyed by fire or other natural causes. The structure may be repaired and/or reconstructed only to the extent that the structure existed prior to its destruction or damage. The applicant shall have the burden of demonstrating to the Code Compliance Director the prior size of the structure or building and the prior existing front yard, side yard, rear yard and percentage of lot coverage existing prior to the damage or destruction of the structure or building. The exterior facade shall be subject to the requirements of Chapter 13, Architectural and Historic Review, Board of, of this Code. Upon reconstruction, the use, to the extent it previously existed, may be continued as a legal nonconforming use.
[Added 5-6-1986 by L.L. No. 5-1986][2]
[2]
Editor's Note: Former § 91-30.1, Land contiguous to harbor, added 9-5-1967, which immediately followed this subsection, was repealed 11-16-1976 by L.L. No. 14-1976.
§ 306-30 Cessation of use.
[Added 10-6-1998 by L.L. No. 6-1998; amended 5-1-2018 by L.L. No. 4-2018]
If active and continuous operation of a nonconforming use is not carried on for a period of one year, the building, structure or land on which such use was conducted shall thereafter be used only in conformance with the regulations of the district or zone in which it is situated. The casual or intermittent use of the building, structure or land shall not establish the existence of a lawful nonconforming use. In the event that the continuous operation of a nonconforming use is not carried on for a period of one year, the owner of the building, structure or land on which such use was conducted may apply to the Northport Village Board for an extension of time of the nonconforming use, and the Northport Village Board, in its discretion, may grant an extension of time, up to and including one year, in order to continue the operation of the nonconforming use that was permitted prior to the cessation of the operation.
§ 306-31 Nonconforming use designated as affirmative defense.
[Added 10-6-1998 by L.L. No. 6-1998]
In any prosecution for a violation of the provisions of this chapter, it is an affirmative defense that the building, structure or use is a nonconforming use as defined in § 306-5. A defendant who raises this affirmative defense must plead and prove it by a preponderance of the evidence.