Ocean Beach City Zoning Code
ARTICLE II
Nonconforming Uses
§ 164-8 Conformity required.
[Amended 9-8-2007 by L.L. No. 4-2007]
A.
No building or land shall be used and no building shall be erected or structurally altered except in conformity with this chapter. No building or land shall be used for any trade, industry or purpose that is noxious or offensive by reason of emission of odor, dust, smoke, gas fumes, noise, etc., or that is detrimental to the health, safety, morals or general welfare of the community.
B.
All new structures and modifications of existing structures shall conform to the provisions of this Code as they relate to the new construction and the modifications. Unaltered portions of otherwise legal nonconforming structures shall not be required to obtain area variances for their continued existence.
§ 164-9 Legal nonconforming uses and structures.
[Amended 9-8-2007 by L.L. No. 4-2007]
A.
The term "legal nonconforming use," as used in this chapter, shall mean any nonconforming use which, at the time such use was commenced, was maintainable as a matter of right under the statutes, local laws and general rules of law then in effect in the Village of Ocean Beach.
B.
The term "legal nonconforming structure," as used in this chapter, shall mean any nonconforming structure which, at the time such structure was built and/or erected, was maintainable as a matter of right under the statutes, local laws and general rules of law then in effect in the Village of Ocean Beach.
§ 164-10 Continuation or change of nonconforming uses.
[Amended 11-1-80 by L.L. No. 12-1980; 12-8-79 by L.L. No. 7-1979; 5-17-2025 by L.L. No. 3-2025]
A.
Absent abandonment, any legal nonconforming use and/or structure may be continued and/or restored.
(1)
Permissive change of nonconforming use.[1] The following changes may be permitted only upon issuance of a special permit by the Board of Trustees after a public hearing and upon approval of the Fire Island National Seashore.
(a)
A use defined under § 164-33F to a use defined under § 164-33E.
(b)
Uses defined under § 164-33C, E and F to a use defined under § 164-33A.
[1]
Editor's Note: Local Law No. 5-1981, enacted 7-11-81, provided that for a period of one (1) year commencing July 1, 1981, and ending July 11, 1982, the Board of Trustees shall not entertain any application for a permissive change of a nonconforming use from a use prohibited by § 164-33E to a use for apartments or apartment hotels.
(2)
Prohibited change of nonconforming use.
(a)
A use defined under § 164-33A may not be changed to uses defined under § 164-33C, E and F.
(b)
A use defined under § 164-33C may not be changed to uses defined under § 164-33E and F.
(c)
A use defined under § 164-33E may not be changed to uses defined under § 164-33F.
(3)
Uses and structures formerly situated in the Business District under the Zoning Ordinance of 1921, now in the Residence District, may alter their uses to a use permitted under § 164-32 with the approval of the Board of Trustees after a public hearing and may, with the approval of the Board of Trustees after a public hearing, upgrade their structure for safety, fire protection, improvement of energy performance of the structure, and/or aesthetic purposes and/or to reasonably enable the new use permitted under § 164-32. Repairs to both structural and non-structural parts or incidental alterations may be made to and/or in a structure substantially utilized as a nonconforming use, and/or in connection with a permitted change or extension of a nonconforming use. A legal nonconforming use and/or structure, unless there has been an abandonment of the nonconforming use and/or nonconforming structure, shall not be deemed to have lost its legal nonconforming status. A legal nonconforming use and/or structure, even if changed to be a conforming use and/or structure, unless abandoned, may thereafter be changed or returned to any nonconforming status applicable to the site.
B.
Any continually licensed rooming house in the Residence District which was formerly zoned in the Business District pursuant to the Zoning Ordinance of 1921 may, although in the Residence District, be used as a rooming house so long as such license is continued to be maintained. Upon the issuance of a special permit by the Board of Trustees after a public hearing and upon approval of the Fire Island National Seashore, such continually licensed rooming house may be converted to a multiple-family structure containing apartments, provided that the same is in compliance with the provisions of § 164-6 and further is in compliance with the provisions of § 164-16 and §§ 164-19 through 164-29.
C.
Nothing contained in this section shall be deemed to permit or authorize the enlargement or extension of any existing use and/or building or accessory use and/or building.
§ 164-11 Extension of nonconforming use.
[Amended 5-17-2025 by L.L. No. 3-2025]
Subject to § 164-10, no existing building designed, arranged, intended or devoted to a use not permitted in the district in which such use is located shall be enlarged, extended, reconstructed or altered, except with the approval of the Board of Trustees after a public hearing.
§ 164-12 Certificate of occupancy.
It shall be unlawful to use or permit the use of any building or premises or part thereof created, erected, changed or converted wholly or partly in its use or structure until a certificate of occupancy, to the effect that such building or premises or part thereof and the proposed use thereof conform to the provisions of this chapter and any other applicable local law, shall have been issued by the Inspector of Buildings.