[Amended 1-5-1998 by L.L. No. 1-1998]
A "nonconforming building or use" is:
A.Â
A building or use which lawfully existed when the
Building Zone Ordinance of the Village of Hewlett Neck was adopted
on July 18, 1930 and complied with all of the requirements of the
ordinances of the Village immediately prior to the adoption of such
ordinance, but which failed to conform with the requirements of the
ordinance so adopted;
B.Â
A building or use which lawfully existed when an amendment
of such Building Zone Ordinance was adopted and complied with all
of the requirements of the Building Zone Ordinance immediately prior
to the adoption of such amendment, but which failed to comply with
the requirements of the Building Zone Ordinance as so amended; or
C.Â
A building or use which may hereafter lawfully exist
when an amendment of such Building Zone Ordinance is adopted and complies
with the requirements of the Building Zone Ordinance immediately prior
to the adoption of such amendment but which fails to comply with the
requirements of the Building Zone Ordinance as so amended.
[Amended 1-5-1998 by L.L. 1-1998; 12-5-2011 by L.L. No. 6-2011]
Except as provided in § 195-30 of this article, any nonconforming use may be continued and any building designed, arranged or intended for or devoted to a nonconforming use may be reconstructed or structurally altered, and the nonconforming use therein changed subject to the following regulations:
A.Â
No nonconforming building and use shall be extended
at the expense of a conforming use.
B.Â
No building or premises devoted to a use permitted
in the district in which it is situated shall be changed to a use
excluded from or not permitted in such district.
C.Â
A nonconforming lot having an area less than the minimum
provided for the district in which it is situated whose ownership
at the time such nonconformity arose and at all times thereafter differed
from the ownership of all adjoining property may be improved, and
a building may be constructed, altered or enlarged thereon, provided
that such building and lot comply with all of the requirements of
the district in which such lot is situated other than the regulations
as to minimum area.
D.Â
A nonconforming lot improved with a building which
has either or both side yards less in width than the minimum provided
for the district in which it is situated may be altered, extended
or enlarged, provided that no side yard is reduced in width, and further
provided that any extension or enlargement of the building shall conform
with the minimum yard requirements herein provided for such district.
Nothing in this chapter shall prevent the restoration of a building destroyed by fire, explosion, act of God or act of a public enemy, to the extent of not more than 50% of its value, or prevent the continuance of the use of such building or part thereof as such use existed at the time of such destruction of such building or part thereof or prevent a change of such existing use under the limitations provided by § 195-29 of this article. Any building destroyed in the manner aforesaid to an extent exceeding 50% of its value at the time of such destruction may be reconstructed and thereafter used only in such a manner as to conform to all the provisions of this chapter. Nothing in this chapter shall prevent the restoration of a wall or other part of a building declared unsafe.
Where any real property is acquired by the Village
of Hewlett Neck for a public use, whether by dedication, purchase,
condemnation or otherwise, and as a result of such acquisition, other
real property not so acquired fails to conform with the regulations
of this chapter or the Building Code[1] in force at the time of such acquisition, the Board of
Trustees may, by general resolution authorizing the improvement or
by special resolution authorizing the acquisition of a specific parcel
of real property, adopt other regulations applying to such real property
which fails to conform as aforesaid, which shall take the place of
the regulations with which it fails to conform; provided, however,
that such resolution or regulation shall be adopted in the same manner
as a local law amending this chapter or said Building Code generally.
