Village of Greenport, NY Article VIII Nonconforming Uses and Nonconforming Buildings

§ 150-20 Nonconforming uses. [1]

The following provisions shall apply to all buildings and uses existing on the effective date of this chapter which do not conform to the requirements set forth in this chapter and to all buildings and uses that become nonconforming by reason of any subsequent amendment to this chapter:

A. Except as provided hereinafter, any nonconforming use of buildings or open land, existing on the effective date of this chapter or authorized by a building permit issued prior thereto, may be continued indefinitely, except that such building or use:

(1) 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.

(2) Shall not be moved to another location where such use would be nonconforming.

(3) 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 of a more restricted nature.

(4) Shall not be reestablished if such use has been discontinued for any reason for a period of one year or more. Intent to resume a nonconforming use shall not confer the right to do so.

(5) Shall not be reestablished if such use had been changed or replaced by a conforming use.

(6) Shall not be restored, repaired or rebuilt for other than a conforming use after damage from any cause, unless the nonconforming use is reinstated within one year of such damage; if the restoration of such building is not completed within said one-year period, the nonconforming use of such building shall be deemed to have been discontinued, unless such nonconforming use is carried on without interruption in the undamaged portion of such building.

(7) Notwithstanding § 150-20A(6), shall not be repaired or rebuilt unless the use is changed to a conforming use if the building containing the nonconforming use is damaged by fire or other causes to the extent of 50% of its fair value.

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 150-21 Nonconforming buildings with conforming uses. [1]

A "nonconforming building with conforming use" is any building which does contain 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; or minimum livable floor area per dwelling unit. Such building shall have been legally existing prior to the effective date of this chapter or any amendment thereto.

A. Nothing in this Article shall be deemed to prevent normal maintenance and repair, structural alteration, moving, reconstruction or enlargement of a nonconforming building, provided that such action does not increase the degree of or create any new noncompliance with regards to the regulations pertaining to such buildings.

B. Reconstruction of a damaged building.

(1) A noncomplying building containing a conforming use which has been damaged by fire or other causes to the extent of more than 50% of its fair value shall not be repaired or rebuilt unless such building is made substantially to conform to district bulk and parking regulations (§ 150-12).

(2) Application for a permit to build or restore the damaged portion of any building damaged or destroyed as set forth in Subsection B(1) above shall be filed within one year of the date of such damage and shall be accompanied by plans for reconstruction which, as to such portion, shall comply with the requirements set forth above. If such permit is issued it shall lapse one year thereafter unless reconstruction in accordance with the approved plans has been initiated.

(3) Where application for a permit to build or restore is not timely filed, or where a permit timely issued shall lapse as provided in Subsection B(2) above, the reconstruction or restoration of any building damaged or destroyed as set forth in Subsection B(1) above shall no longer be permitted unless a variance therefor shall have been granted by the Board of Appeals.

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 150-21.1 Nonconforming buildings with nonconforming uses. [1]

A. A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use.

B. A nonconforming building containing a nonconforming use which has been damaged by fire or other causes to the extent of more than 50% at its fair value shall not be repaired or rebuilt unless the use of such building is changed to a conforming use.

C. A nonconforming building containing a nonconforming use shall not be altered, repaired or remodeled where such alteration, repair or remodeling shall create a new nonconforming use.

[1] Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 150-22 Termination of nonconforming uses.

A. 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 to blight 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:

(1) In any residence district, any nonconforming use of open land, including such uses as a parking lot, house 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.

(2) In any residence district, any sign not of a type permitted, or of a permitted type but greater than the maximum size permitted, may be continued for one year following the effective date of this chapter, provided that after the expiration of that period such nonconforming use shall be terminated.[1]

[1] Editor's Note: Former Subsection B, which immediately followed this subsection, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art.I.

§ 150-23 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 nor 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 are deemed necessary.