[Amended 10-10-2023 by L.L. No. 6-2023]
Any nonconforming building or nonconforming
use may be continued subject to compliance with the conditions set
forth below.
[Amended 5-27-2003; 5-8-2007; 8-28-2007; 8-24-2010; 10-10-2023 by L.L. No. 6-2023]
A.
Changes to nonconforming buildings. No nonconforming building shall be altered or reduced or enlarged in such manner as to increase such nonconformance, except that after due notice and public hearing, the Board of Appeals may issue a variance for such change under the applicable provisions of § 280-28 of the Glen Cove City Code and § 81 of the New York State General City Law.
B.
Changes
to nonconforming lots.
(1)
No
nonconforming lot shall be altered, reduced or enlarged in such manner
as to increase such nonconformance. A lot which contains a nonconforming
building but which lot otherwise conforms to all of the dimensional
regulations currently in effect for lots in the district in which
such lot is located shall not be deemed a nonconforming lot. Such
lot may be altered, reduced or enlarged as allowed under the City
Code so long as alteration, reduction, or enlargement does not increase
the nonconformance of any building or structure contained thereon.
(2)
In the case of a nonconforming lot, the fact that a lot is nonconforming shall not prevent the erection, enlargement, alteration or maintenance on such lot of a building or structure which, as so erected, enlarged or altered, complies with all the other provisions of the Glen Cove City Code in effect at such time, subject to the provisions of § 280-34 of this chapter.
C.
Changes to nonconforming uses.
(1)
No
nonconforming use shall be modified, extended, enlarged, increased
in volume or intensity of use, or changed in character, nature or
scope. For the purposes of this section, a nonconforming use shall
be considered to have been enlarged if it has been changed in any
manner which results in an extension of the use to any portion of
a building or premises where such use was not previously conducted
or which was not previously used for such use, an increase in the
floor area or land area occupied or utilized by the use, an increase
in the times or days of operation of the use, or a change in the nature
or scope of the use. The foregoing factors shall not be exclusive,
and, where appropriate circumstances exist to support such conclusion,
the Building Department Director may conclude that an enlargement
of a nonconforming use has occurred even in the absence of any of
such factors.
(2)
No
building devoted to a nonconforming use shall be modified, extended,
or enlarged. No additional buildings or structures may be erected
on a site used in whole or part for a nonconforming use. No nonconforming
use shall be extended into any portion of a building, structure, or
property not lawfully used for such nonconforming use immediately
prior to the enactment of such regulations rendering the use nonconforming
and used continuously up to the current date.
(3)
No
lot upon which a nonconforming use is located shall be modified, extended,
enlarged or reduced in size in any manner, unless such nonconforming
use is terminated and removed therefrom.
(4)
No
nonconforming use may be changed to any other nonconforming use.
(5)
Changes
to nonconforming use. No nonconforming building or nonconforming use,
if changed to conform to the requirements of this chapter, shall thereafter
be changed back to a nonconforming building or use.
(6)
Discontinuance.
No such nonconforming use, if discontinued for whatever cause for
one year or longer or changed to or replaced in whole or in part to
a conforming use, shall be resumed, and any future use shall be in
conformity with the City Code. Any nonconforming use which shall be
reduced in size or scope for any reason for a continuous period of
one year or more shall be presumed to be discontinued to the extent
of such reduction. Intent to resume a nonconforming use shall not
confer the right to do so.
(7)
Removal.
If any building in or on which any nonconforming use is conducted
or maintained is hereafter removed, the subsequent use of the land
on which such building was located and the subsequent location and
use of any building thereon shall be in conformity to the regulations
specified by this chapter for the district in which such land is located.
D.
Damage or destruction.
(1)
No nonconforming use, if damaged or destroyed from any cause to the extent, as determined by the DBD in consultation with the City Assessor, of over 50% of the value of such structure above the foundation, shall be restored for the continuance of a nonconforming use therein. Such building, if damaged to the extent, as determined by the DBD, of less than 50% of the value of such structure above the foundation, may be restored in the same location, provided that it is made substantially to conform to the height and yard requirements of the schedules limiting the bulk and arrangement of buildings which constitute part of § 280-40 herein.
(2)
Application for a permit to build or restore the damaged
portion of any building damaged or destroyed as set forth in the preceding
subsection shall be filed within one year of the day 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)
Notwithstanding the foregoing, any nonconforming two-family
dwelling located in a residence district which is damaged or destroyed
by more than 50% of the value of such dwelling above the foundation
shall be permitted to be restored so long as:
(a)
Such dwelling has no occupancy violation or
fire safety violation on the date on which such damage or destruction
occurred;
(b)
Such restoration shall not result in a new dwelling
which exceeds the original dwelling in gross floor area; and
(c)
A complete building permit application shall
have been submitted to the Building Department within 180 days of
the destruction of such nonconforming dwelling.
(4)
Where a residential structure conforming to the City
of Glen Cove Zoning Ordinance on May 7, 2007, suffers catastrophic
damage exceeding 50% of the replacement value of such structure as
determined by the DBD in consultation with the City Assessor, and
where such damage or destruction is not the intended result of deliberate
actions by the owner or owners or agents thereof, such structure shall
be permitted to be reconstructed over the existing foundation to the
prior existing floor area, but complying with all other applicable
building and zoning requirements.
E.
Maintenance and repair of nonconforming building.
Nothing in this article shall be deemed to prevent normal maintenance
and repair, structural alteration in, or the reconstruction or enlargement
of, nonconforming buildings, provided that such action does not increase
the degree of or create any new nonconformance with regard to the
regulations pertaining to such buildings. Further, nothing in this
section shall be deemed to prevent the carrying out, upon issuance
of a building permit, of major structural alterations or demolition
in the interest of public safety.
F.
Registration.
A nonconforming use may be registered with the City Clerk by the owner
or agent within six months of the effective date of any regulation
rendering the use nonconforming for the purpose of preserving to the
owner the right to continue such nonconforming use. Registration shall
not be conclusive as to the validity of a nonconforming use but shall
be prima facie proof thereof.
G.
Authority
to determine legal nonconforming uses or structures.
(1)
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 or structure.
(a)
Evidence to accompany application to determine legal nonconforming
use. Every application under this section shall state, and be accompanied
by a sworn affidavit or affidavits stating, the evidentiary facts
claimed to establish such use as a legal nonconforming use or such
structure as a legal nonconforming structure 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 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 City Clerk a written determination confirming
or denying that such use is a legal nonconforming use or that such
structure is a legal nonconforming structure 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 or structure pursuant to this section, the Enforcement Officer
shall issue to the applicant a certificate of occupancy with an endorsement
thereon specifying the legal nonconforming use and/or structure so
confirmed, and such certificate shall constitute presumptive evidence
that such use or structure is a legal nonconforming use or structure
in any action or proceeding brought to enforce this chapter.
[2]
Every nonconforming use or structure for which a certificate of occupancy
has not been issued, as provided in this section, shall presumptively
be an illegal nonconforming use or structure for the purpose of any
application to or proceeding before any officer or Board of the City
of Glen Cove.
(d)
Nothing in this section shall be deemed to make legal or to permit
the confirmation of any nonconforming use or structure which is not
a legal nonconforming use or structure 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 section.
Any nonconforming use of land on which there
is no substantial structure and the use of which is temporary in nature,
such as a golf driving range, parking lot, junkyard, outdoor auto
sales, billboard or any use similar to those enumerated shall be discontinued
within three years from the date of the adoption of this chapter.[1]
[1]
Editor's Note: The Zoning Ordinance was originally
adopted 3-21-1977.
[Added 10-10-1989]
Between a junkyard and street and adjacent properties
the owner/operator must provide either a planting area of impermeable
flora or a solid stockade-type fence of height equal to or in excess
of the vehicles present within said junkyard so that the visibility
thereof is blocked from beyond the perimeters of the subject property.
