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 the structure
in which a legal nonconforming use is located 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. Where more than one
legal nonconforming use is maintained upon a lot, all of such uses
must be abandoned as aforesaid in order for the legal nonconforming
uses to be extinguished. Any legal nonconforming use which shall have
been extinguished as a result of abandonment or destruction as set
forth herein may be reinstated as to structure and/or use within two
years of extinguishment by special permit by the Board of Trustees.
[Amended 12-7-2004 by L.L. No. 9-2004]
No legal nonconforming use or structure may
be enlarged or extended unless the use therein is changed to a conforming
use or where a special permit for such enlargement or extension of
the use and/or structure shall have been granted by the Board of Trustees.
The enlargement or extension of a nonconforming one-family or two-family
dwelling where the footprint of the building is not increased or where
the second floor will not overhang or extend beyond (overlap) the
existing footprint vertically shall not require such special permit,
provided the dwelling is nonconforming as to use only and has a side
yard setback of at least three feet.
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 current structural value.
Nothing in this article shall be deemed to prevent
keeping in good repair a nonconforming building or a building in which
a nonconforming use is conducted, but no such building that is declared
by any duly authorized Village official to be unsafe or unlawful by
reason of physical condition shall be restored, repaired or rebuilt
except in full conformity with the regulations prescribed by this
chapter for the district in which such building is located.
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 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 Superintendent
of Buildings 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
be an illegal nonconforming use for the purpose of any application
to or proceeding before any officer or Board of the Village of Floral
Park.
D. Effect of section.
(1) 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 the article.
(2) All the foregoing provisions relating to nonconforming
uses and buildings shall apply to all nonconforming uses and buildings
existing at the time of the adoption of this chapter and to all uses
and buildings that become nonconforming by reason of any amendment
thereof.
(3) The existence of a nonconforming use or building or
the application thereto of the limitations set forth in this section
shall not be deemed to result in practical difficulty or unnecessary
hardship warranting any variance in the strict application of any
of the provisions of this chapter to such nonconforming use or building
or to the land on which it is located. It is the intention of this
chapter that such vested rights as pertain to any nonconforming use
or building shall remain unimpaired, but that the same shall not be
extended or increased in any manner whatsoever.
(4) A residential dwelling shall not be deemed nonconforming
simply because it has an attached garage.