Valley Stream City Zoning Code
ARTICLE XXIV
Nonconforming Uses
§ 99-2401 Continuation of existing use.
The lawful use of any land, building or structure existing on the effective date of this chapter may be continued, but such use may not be expanded except as provided by this article.
§ 99-2402 Structural alterations.
A building, structure or land occupied by a nonconforming use, as defined by this chapter, shall not be extended or enlarged or structurally altered except when required by law or except as otherwise authorized by this article.
§ 99-2403 Special use permit modification; expansion of structures used for nonconforming uses.
A.
The provisions of § 99-2402 may be modified by the Board of Appeals by special use permit but only in accordance with the standards prescribed herein and only to the extent specified as follows:
(1)
A building or structure with a nonconforming use, as defined by this chapter, may be expanded to an extent not exceeding 25% of:
(a)
The gross floor area of the building or structure in which the nonconforming use is lawfully being conducted since the effective date of this chapter; or
(b)
The cubic area of the building or structure in which the nonconforming use is being conducted in the case of an expansion of a building or a structure which involves an increase in height of all or any part of such building or structure.
(2)
In no event shall a combination of the foregoing formulas of computation be used.
(3)
The Board of Appeals shall have the right to impose one of foregoing formulas of computation as it deems applicable if it shall find that the one selected by the applicant was inappropriately computed or applied.
(4)
In permitting expansion of buildings or structures used for nonconforming uses, the Board of Appeals shall find that:
(a)
Practical difficulties prevail in operating the building or structure in the presently existing nonconforming manner and the proposed expansion would constitute a reasonable adjustment of the existing nonconforming use.
(b)
The proposed expansion will reduce the deleterious effect on the neighborhood of the existing nonconforming use. In determining deleterious effect, the Board of Appeals shall take into consideration, among other things, traffic generated, nuisance characteristics, noise, hours and manner of operation, the appearance and condition of premises and the proximity to residential structures and/or residential zones.
(c)
The proposed expansion will not be more incompatible with nor adversely alter the nature and character of the neighborhood and neighborhood structures or prejudice value of adjoining properties.
(d)
Adequate on-site parking and loading space will be provided for all potential users.
(e)
The proposed expansion will not cause or increase traffic congestion or traffic hazards and will not unduly restrict fire and police protection of the premises.
(5)
In addition, the Board of Appeals, in granting a special use permit under this section, may prescribe such further conditions or restrictions with respect to both the proposed expansion and the existing structure or use as in its opinion will increase the compatibility of the nonconforming use, as expanded, with the general neighborhood, including but not limited to landscaping, redecoration, structural improvements, manner and time of operation and elimination of offensive uses or procedures.
(6)
Such expansion shall comply with the bulk regulations, such as height, setbacks, frontage, lot area and coverage required by this chapter.
(7)
A nonconforming use shall not be expanded more than the 25% prescribed by this chapter, in the aggregate, during the life of such nonconforming use.
(8)
Any lawfully existing nonconforming use expanded prior to the effective date of this chapter must take into account the prior percentage of expansion in computing the maximum allowable pursuant to this chapter. If such prior expansion equals or exceeds the prescribed 25% herein, no further expansion will be permitted.
§ 99-2404 Cessation or change of use.
If active and continuous operation of a nonconforming use ceases for a period of one year or more or is changed to or replaced by a conforming use, the building, structure or land on which such use was conducted shall thereafter be used only in conformance with the regulations of the district in which the premises is situated. Casual or intermittent use shall not establish the existence of a lawful nonconforming use.
§ 99-2405 Reconstruction of damaged structures.
A.
A nonconforming building or a building in which a nonconforming use is conducted that is destroyed or damaged by any casualty to an extent not exceeding 50% of its reconstruction or replacement value cost exclusive of foundations at the time of such destruction or damage, whichever is less, may be restored within one year after such destruction or damage, but shall not be enlarged.
B.
If any such building is destroyed or damaged to an extent exceeding 50% of its reconstruction or replacement value cost as above, it shall not be reconstructed except for a conforming use, provided that any nonconforming building used as a single-family dwelling that is destroyed or damaged to an extent exceeding 50% of such value may be reconstructed within one year after such destruction or damage so as to occupy the same space that it occupied prior to such destruction or damage or any part thereof.
§ 99-2406 Repair of structures.
Nothing in this section shall be deemed to prevent keeping in good repair a building in which a nonconforming use is conducted.
§ 99-2407 Applicability of provisions.
A.
The foregoing provisions shall apply to all nonconforming uses existing at the time of the adoption of this chapter and to all uses that become nonconforming by reason of any amendment thereof.
B.
Nothing in this chapter shall be deemed to require any change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the adoption of this chapter and which actual construction has been diligently continued.
C.
"Actual construction" is hereby defined to be the actual placing of construction materials in their permanent position fastened in a permanent manner, except that where a basement or cellar is being excavated, such excavating shall be deemed to be actual construction, or where demolition or removal of an existing structure has been substantially begun preparatory to rebuilding, such demolition and removal shall be deemed to be actual construction, provided that actual construction work shall be diligently carried on and the building shall be completed within one year after the adoption of this chapter.