Any legal nonconforming use existing at the time of the passage
of this chapter may be continued.
A legal nonconforming use may not be changed to a different
nonconforming use.
Whenever a legal nonconforming use shall have been abandoned
for a term of six months, or whenever a legal nonconforming use 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.
No legal nonconforming use may be enlarged or extended unless
the use therein is changed to a conforming use.
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 structural value.
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 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 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 enforcement officer 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 presumptively
be an illegal nonconforming use for the purpose of any application
to or proceeding before any officer or board of the Village of Mineola.
D. Effect of article. 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 article.