Roslyn City Zoning Code
ARTICLE VI
Nonconforming Buildings, Structures and Uses
§ 470-50 Continuation.
Any legal nonconforming use, building or structure existing at the time of the passage of this chapter may be continued unless otherwise prohibited or limited in duration by the provisions of this chapter.
§ 470-51 Change in use.
A legal nonconforming use may not be changed to a different nonconforming use.
§ 470-52 Abandonment and destruction.
Whenever a legal nonconforming use shall have been abandoned for a term of six months, or whenever the structure in which a legal nonconforming use is located is substantially destroyed, the land, building or structure in which said legal nonconforming use shall have existed shall not thereafter be used for any nonconforming use. Such six-month period of abandonment may be discontinued only by 30 or more consecutive business days of operation. A legal nonconforming use shall be substantially destroyed if the cost to repair and replace the structure subject to such nonconforming use exceeds 50% of the current structural replacement value thereof. Where more than one legal nonconforming use is maintained upon a lot, all of such uses must be abandoned as aforesaid in order for the legal nonconforming uses to be extinguished. Any legal nonconforming use which shall have been extinguished as a result of abandonment or destruction as set forth herein may be reinstated as to structure and/or use within two years of extinguishment by special permit by the Board of Trustees.
§ 470-53 Enlargement or extension.
No legal nonconforming use or structure may be enlarged or extended unless the use therein is changed to a conforming use or where a special permit for such enlargement or extension shall have been granted by the Board of Trustees.
§ 470-54 Structural alteration.
Subject to the approval and consent of the Board of Trustees, any legal nonconforming use may be structurally altered, provided that the cost of such structural alteration shall in no case exceed 50% of the current structural value.
§ 470-55 Maintenance and good repair.
Nothing in this article shall be deemed to prevent keeping in good repair a nonconforming building or a building in which a nonconforming use is conducted, but no such building that is declared by any duly authorized Village official to be unsafe or unlawful by reason of physical condition shall be restored, repaired or rebuilt except in full conformity with the regulations prescribed by this chapter for the district in which such building is located.
§ 470-56 Authority to determine legal nonconforming uses.
The Zoning Board of Appeals may, after public hearing on the written verified application of the owner of property claiming a legal nonconforming use thereon, confirm such use by determining that such use is, in fact, a legal nonconforming use.
A.
Evidence to accompany application to determine legal nonconforming use. Every application under this section shall state or be accompanied by an affidavit or affidavits stating the evidentiary facts claimed to establish such use as a legal nonconforming use and shall be filed in duplicate with the Zoning Board of Appeals. The Zoning Board of Appeals may, in its discretion, require the production of additional evidence and may make whatever independent investigation it may deem necessary.
B.
Confirmation or denial of legal nonconforming use. The Zoning Board of Appeals, upon the evidence submitted to and obtained by it, shall make and file with the Village Clerk/Treasurer a written determination confirming or denying that such use is a legal nonconforming use and stating the facts which it finds to be established by such evidence, the basis of such findings and the conclusions it has drawn from such findings.
C.
Issuance or denial of certificate of occupancy.
(1)
Upon confirmation by the Zoning Board of Appeals of any legal nonconforming use pursuant to this section, the Building Inspector shall issue to the applicant a certificate of occupancy with an endorsement thereon specifying the legal nonconforming use so confirmed, and such certificate shall constitute presumptive evidence that such use is a legal nonconforming use in any action or proceeding brought to enforce this chapter.
(2)
Every nonconforming use for which a certificate of occupancy has not been issued, as provided in this section, shall be an illegal nonconforming use for the purpose of any application to or proceeding before any officer or board of the Village.
D.
Effect of article.
(1)
Nothing in this article shall be deemed to make legal or to permit the confirmation of any nonconforming use which is not a legal nonconforming use or to invalidate the use of or require the confirmation of the use of any land, building or structure for which a valid certificate of occupancy has been issued prior to and is in effect on the effective date of this chapter.
(2)
All the foregoing provisions relating to nonconforming uses and buildings shall apply to all nonconforming uses and buildings existing at the time of the effective date of this chapter and to all uses and buildings that become nonconforming by reason of any amendment thereof.
(3)
The existence of a nonconforming use or building or the application thereto of the limitations set forth in this section shall not be deemed to result in practical difficulty or unnecessary hardship warranting any variance in the strict application of any of the provisions of this chapter to such nonconforming use or building or to the land on which it is located. It is the intention of this chapter that such vested rights as pertain to any nonconforming use or building shall remain unimpaired but that the same shall not be extended or increased in any manner whatsoever.