[Amended 9-8-2007 by L.L. No. 4-2007]
A.
No building or land shall be used and no building
shall be erected or structurally altered except in conformity with
this chapter. No building or land shall be used for any trade, industry
or purpose that is noxious or offensive by reason of emission of odor,
dust, smoke, gas fumes, noise, etc., or that is detrimental to the
health, safety, morals or general welfare of the community.
B.
All new structures and modifications of existing structures
shall conform to the provisions of this Code as they relate to the
new construction and the modifications. Unaltered portions of otherwise
legal nonconforming structures shall not be required to obtain area
variances for their continued existence.
[Amended 9-8-2007 by L.L. No. 4-2007]
A.
The term "legal nonconforming use," as used in this
chapter, shall mean any nonconforming use which, at the time such
use was commenced, was maintainable as a matter of right under the
statutes, local laws and general rules of law then in effect in the
Village of Ocean Beach.
B.
The term "legal nonconforming structure," as used
in this chapter, shall mean any nonconforming structure which, at
the time such structure was built and/or erected, was maintainable
as a matter of right under the statutes, local laws and general rules
of law then in effect in the Village of Ocean Beach.
A.
Any legal nonconforming use may be continued; provided,
however, that a legal nonconforming use shall not be changed unless
changed to a conforming use except as otherwise herein provided.
[Amended 12-8-79 by L.L. No. 7-1979]
(1)
Permissive change of nonconforming use.[1] The following changes may be permitted only upon issuance
of a special permit by the Board of Trustees after a public hearing
and upon approval of the Fire Island National Seashore.
[1]
Editor's Note: Local Law No. 5-1981, enacted 7-11-81, provided that for a period of one (1) year commencing July 1, 1981, and ending July 11, 1982, the Board of Trustees shall not entertain any application for a permissive change of a nonconforming use from a use prohibited by § 164-33E to a use for apartments or apartment hotels.
(2)
Prohibited change of nonconforming use.
(3)
Uses formerly situated in the Business District under the Zoning Ordinance of 1921, now in the Residence District, may alter their uses to a use permitted under § 164-32 with the approval of the Board of Trustees after a public hearing and may, with the approval of the Board of Trustees after a public hearing, upgrade their structure for safety, fire protection and aesthetic purposes. A legal nonconforming use, if discontinued by virtue of abandonment, shall be deemed to have lost its legal nonconforming status and will be required to have any and all new structures or uses conform to this chapter. A legal nonconforming use, if changed to be a conforming use, may not thereafter be changed or returned to any nonconforming use.
B.
Any continually licensed rooming house in the Residence District which was formerly zoned in the Business District pursuant to the Zoning Ordinance of 1921 may, although in the Residence District, be used as a rooming house so long as such license is continued to be maintained. Upon the issuance of a special permit by the Board of Trustees after a public hearing and upon approval of the Fire Island National Seashore, such continually licensed rooming house may be converted to a multiple-family structure containing apartments, provided that the same is in compliance with the provisions of § 164-6 and further is in compliance with the provisions of § 164-16 and §§ 164-19 through 164-29.
[Amended 11-1-80 by L.L. No. 12-1980]
C.
A legal nonconforming use, if discontinued by virtue
of destruction by natural or other causes to more than 50% of the
replacement cost, shall be deemed to have lost its legal nonconforming
status and will be required to have any and all new structures or
uses conform to this chapter with the following specific exceptions:
(1)
Within the Business District, a nonconforming building
designed, arranged, intended or devoted to a use not permitted in
the Business District may, after public hearing and special permit
from the Board of Trustees, be restored and the occupancy or use of
such building, structure or part thereof, which existed at the time
of such destruction, may be continued or resumed, provided that the
restoration is started within a period of one year and is diligently
prosecuted to completion. In the reconstruction, neither the floor
area nor the volume shall be increased.
(2)
Within the Residence District, a building formerly zoned business pursuant to the Zoning Ordinance of 1921 and legally used for the purpose of selling goods and/or services at retail as of July 17, 1976, and for a substantial time prior thereto and as of the date of this chapter may be reconstructed either as a permitted use under Article IV or, after public hearing and special permit from the Board of Trustees, may be restored and the occupancy or use of such building, structure or part thereto, which existed at the time of such destruction, may be continued or resumed, provided that the restoration is started within a period of one year and is diligently prosecuted to completion. In the reconstruction, neither the floor area nor the volume shall be increased. This section shall not apply to any properties formerly zoned in the Business District under the Zoning Ordinance of 1921 and now zoned residential which were used for residential purposes as of July 17, 1976, or were not legally used as a building for the purpose of selling goods and/or services at retail as of July 17, 1976.
(3)
Within the Residence District, a rooming house or multiple dwelling formerly zoned business pursuant to the Zoning Ordinance of 1921 or a structure formerly zoned business under said ordinance where such structure was legally used for the purpose of selling goods and/or services at retail as of July 17, 1976, and for a substantial time prior thereto and as of the date of this chapter may be reconstructed, either as a permitted use under Article IV or, after public hearing and special permit from the Board of Trustees and upon approval of the Fire Island National Seashore and subject to the provisions of § 164-16 and §§ 164-19 through 164-29 and § 164-6, to contain either a two-family dwelling or a multiple-family structure containing apartments. This section shall not apply to any properties formerly zoned in the Business District under the Zoning Ordinance of 1921 and now zoned residential which were used for residential purposes as of July 17, 1976, or were not used as a licensed rooming house or legally used as a structure for the purpose of selling goods and/or services at retail as of July 17, 1976.
[Amended 11-1-80 by L.L. No. 12-1980]
D.
Nothing contained in this section shall be deemed
to permit or authorize the enlargement or extension of any existing
building or accessory building.
[Added 11-1-80 by L.L. No. 12-1980]
Subject to § 164-10, no existing building designed, arranged, intended or devoted to a use not permitted in the district in which such use is located shall be enlarged, extended, reconstructed or altered, unless the use is changed to a use permitted in the district in which such building is located.
It shall be unlawful to use or permit the use
of any building or premises or part thereof created, erected, changed
or converted wholly or partly in its use or structure until a certificate
of occupancy, to the effect that such building or premises or part
thereof and the proposed use thereof conform to the provisions of
this chapter and any other applicable local law, shall have been issued
by the Inspector of Buildings.
