Port Jefferson City Zoning Code
ARTICLE IX
Nonconforming Uses and Noncomplying Buildings
§ 250-38 Nonconforming uses identified.
[Amended 12-2-2002 by L.L. No. 11-2002]
A nonconforming use is any use, whether of a building or structure or land, or both, which:
A.
Does not conform to the provisions of this chapter.
B.
Was not discontinued, abandoned or unused for a period of one year or more under the Building Zone Ordinance of the Town of Brookhaven and prior to the effective date of the Zoning Ordinance of 1963 of the Incorporated Village of Port Jefferson.
C.
Was and is a lawful use validly begun and maintained up to and at the time of the effective date of the Zoning Ordinance of 1963 of the Incorporated Village of Port Jefferson.
D.
Was and is a lawful use validly begun and maintained up to and at the time of the effective date of this chapter.
§ 250-39 Continuance of nonconforming use.
[Amended 12-2-2002 by L.L. No. 11-2002]
A nonconforming use, as defined in § 250-38, may be continued, provided that it:
A.
Shall not be enlarged, altered, extended, reconstructed or restored or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever.
B.
Shall not be moved to another location where such use would be nonconforming.
C.
Except as to apartment conversions under § 250-18(F)(4)(d), shall not be changed to another nonconforming use without approval by the Board of Appeals, and then only to a use which, in the opinion of the Board of Appeals, is of the same or lessens the degree of nonconformity.
[Amended 4-6-2020 by L.L. No. 8-2020]
D.
Shall not be reestablished if such use has been discontinued or abandoned or not used for any reason for a period of one year or more or has been changed to or replaced by a conforming use. The words "discontinued" and "not used" shall not be construed as the equivalent of "abandonment." They are intended to have separate and distinct meanings.
E.
Repair of buildings containing a nonconforming use.
(1)
If a building that contains a nonconforming use is damaged for any reason and from any cause to an extent of more than 50% of the replacement cost of the building, it shall not be repaired for any nonconforming use but only for a use conforming to the regulations of the district in which it is situated.
(2)
In the event that the building containing the nonconforming use is used jointly with other buildings or structures as one nonconforming use, but is physically separated from those other buildings or structures, "replacement cost," as used in this Subsection E, shall mean the full value only of the damaged building without consideration being given to, and without regard for, the value of the remaining buildings.
§ 250-40 Noncomplying buildings.
[Amended 6-6-1979 by L.L. No. 11-1979; 12-2-2002 by L.L. No. 11-2002]
A.
A noncomplying building is any building which contains a use permitted in the district in which it is located but does not conform to the district regulations for lot area, width or depth; front, side or rear yards; maximum height; lot coverage; minimum livable floor area per dwelling unit; or parking requirements.
B.
Nothing in this article shall be deemed to prevent normal maintenance and repair, structural alteration of, moving or reconstruction of a noncomplying building (such reconstruction coming as a result of either a casualty or voluntary demolishment of the building), provided that such action does not increase the degree of or create any new noncompliance with regard to the regulations pertaining to such building.
§ 250-41 Termination of nonconforming uses.
Each of the nonconforming uses specified below is deemed sufficiently objectionable, undesirable and out of character in the district in which such use is located as to depreciate the value of other property and uses permitted in the district and hamper the proper and orderly development and general welfare of such district and the community to the point that each of such nonconforming uses shall be terminated on or before the expiration of the specified period of time after the effective date of this chapter, which period of time is specified for the purpose of permitting the amortization of the remaining value, if any, of such use:
A.
In any residence district, any nonconforming use of open land, including such uses as a parking lot, trailer, junkyard or open storage yard for materials or equipment, may be continued for three years after the effective date of this chapter, provided that after the expiration of that period, such nonconforming use shall be terminated. This does not apply to used-car lots operated in conjunction with a new car dealership.
D.
In any district, outdoor lighting which is not shielded or which is directed at properties other than the lot on which said lighting is situated may be continued for two years following the effective date of this subsection, provided that after the expiration of that period, such nonconforming use shall be terminated.[3]
[3]
Editor's Note: Former Subsection E, regarding certain nonconforming signs, added 5-6-1996 by L.L. No. 7-1996, which immediately followed this subsection, was repealed 6-26-2006 by L.L. No. 2-2006.
§ 250-42 Repairs and maintenance.
Notwithstanding any of the above regulations, nothing in this article shall be deemed to prevent normal maintenance and repair of any use or building or the carrying out upon the issuance of a building permit of major structural alterations or demolitions necessary in the interest of public safety. In granting such a building permit, the Building Inspector shall state the precise reason why such alterations were deemed necessary.
§ 250-43 Certification.
For certification of nonconforming uses by Board of Appeals, see § 250-49D.