Village of Hempstead, NY
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2023-06-20
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Part II: General Legislation
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Chapter 139 Zoning
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Article II Nonconforming Uses
- Part I: Administrative Legislation
- Ch 1 General Provisions
- Ch 4 City Charter Commission
- Ch 5 Appearance Tickets
- Ch 6 Personal Wireless Services Facilities Review Board
- Ch 7 Codes Review Board
- Ch 8 Planning Board
- Ch 9 Ethics, Code of
- Ch 9A Flood Damage Prevention
- Ch 9B Electric Supply
- Ch 9C Natural Gas Supply
- Ch 9D Illicit Discharges, Activities and Connections to Storm Sewers
- Ch 9E Stormwater Management and Erosion and Sediment Control
- Ch 10 Harassment, Sexual
- Ch 11 Living Wage
- Ch 13 Human Relations Council
- Ch 13A Human Resources
- Ch 14 (Reserved)
- Ch 17 Lien Satisfaction From Fire Insurance Proceeds
- Ch 19 Local Laws, Adoption of
- Ch 24 Officers and Employees
- Ch 25 Library Board
- Ch 28 Police
- Ch 30 Publicity Fund
- Ch 31 Purchasing
- Ch 32 Records, Public Access to
- Ch 33 Refuse and Disposal District
- Ch 36 Traffic Safety Board
- Ch 37 Traffic Violations Bureau
- Ch 39 Village Liability and Employee Indemnification
- Ch 42 (Reserved)
- Ch 44 (Reserved)
- Part II: General Legislation
- Ch 46 Bicycles
- Ch 48 Boardinghouses and Rooming Houses
- Ch 49 Consulting Services
- Ch 50 Building Construction Administration
- Ch 51 Buildings and Structures, Dangerous
- Ch 52 Building Occupancy
- Ch 54 Cooperative Home Ownership
- Ch 57 Dogs and Other Animals
- Ch 60 Electrical Standards
- Ch 62 Environmental Quality Review
- Ch 65 Fire Prevention and Protection
- Ch 68 Food-Handling Establishments
- Ch 71 Garage Sales
- Ch 74 Health and Sanitation; Garbage and Littering
- Ch 78 Housing and Property Maintenance
- Ch 78A Defaulted Mortgage and Vacant Property, Registration of
- Ch 82 Junk Dealers
- Ch 86 Licensing and Business Regulations
- Ch 92 Parking Field Businesses
- Ch 95 Peace and Good Order
- Ch 97 Peddlers and Solicitors
- Ch 100 Plumbing
- Ch 103 Public Assemblies; Cabarets
- Ch 106 Rental Registration
- Ch 109 Secondhand Dealers
- Ch 111 Shopping Carts
- Ch 113 Signs
- Ch 116 Streets and Sidewalks
- Ch 119 Taxation
- Ch 121 For-Hire-Vehicle Service
- Ch 123 Telephones, Public Pay
- Ch 124 Theaters
- Ch 127 Towing Service
- Ch 131 Vehicles and Traffic
- Ch 134 Waste Material
- Ch 135 Water
- Ch 136 Water Conservation
- Ch 139 Zoning
- Ch 139 Art II Nonconforming Uses
- § 139-7 Continuance of existing uses.
- § 139-8 Extension or alteration of use.
- § 139-9 Uses requiring license or other municipal approval.
- § 139-10 Change of use.
- § 139-11 Abandonment.
- § 139-12 Conditions for maintenance of use.
- § 139-13 Damage, destruction or demolition of use.
- Ch 140 Cannabis
- Disposition List
- Ch DL Disposition List
A nonconforming use as defined in § 139-2 may continue to be maintained, provided that each of the other requirements of this article are met.
No nonconforming use shall be extended or altered,
except when authorized by the Board of Zoning Appeals.
If the operation of the nonconforming use requires
a license, a permit, a certificate or any other municipal approval,
said license, permit, certificate or approval shall be obtained by
the user and posted in a conspicuous place on the premises and shall
be current.
No nonconforming use shall be changed to other
than a conforming use for the district in which it is situated. Once
a nonconforming use is changed to a conforming use, the right to maintain
such nonconforming use shall be lost, and there shall be no right
to revert to a nonconforming use.
Wherever a nonconforming use is discontinued
for a period of at least one year, such use shall be deemed abandoned
and shall not be reestablished, and any use of the premises thereafter
shall meet the requirements of this chapter as to the zone in which
such property is located.
A nonconforming use shall be maintained in such
condition as will not constitute a danger to the safety, health or
general welfare of the public.
If a nonconforming use is damaged, destroyed
or demolished to an extent greater than 50% of the fair market value
of the improvements as they existed immediately before the damage,
destruction or demolition, same shall be razed by the owner, and the
right to conduct any nonconforming use thereon shall terminate as
of the time of the damage, destruction or demolition.
