Village of Old Westbury, NY Article XIV Nonconforming Buildings and Uses

§ 216-141 Continuation permitted.

Any nonconforming use existing at the effective date of this chapter, the eighth day of May 1926, or that became nonconforming by reason of any amendment thereto (but not to any use that is established in violation of law) may be continued, and any existing building designed, arranged or devoted to a nonconforming use may be reconstructed and structurally altered, subject to the following regulations:

A. The cost of reconstruction or the cost of structural alterations made in such a building shall in no case exceed 50% of its structural value, nor shall the building be enlarged unless the use therein is changed to a conforming use.

B. No nonconforming use shall be extended at the expense of a conforming use.

C. If any nonconforming use is changed to or replaced by a conforming use, the land and building theretofore devoted to such nonconforming use shall thereupon be subject to all the regulations as to the use for the district in which such land or building is located, as if such nonconforming use had never existed.

D. No nonconforming use which shall have ceased for a continuous period of one year or more shall be resumed, nor shall it be replaced by another nonconforming use. The land and building heretofore devoted to such nonconforming use shall thereupon be subject to all the regulations as to use for the district in which such land and building are located, as if such nonconforming use had never existed.

E. The alteration or addition does not increase the degree of nonconformity.[1]

[1] Editor's Note: Former Subsection F, as amended, which immediately followed this section and included provisions relating to the B-4, BB and B Residence Zones, was repealed 12-17-2007 by L.L. No. 6-2007.

§ 216-142 Use and construal of terms.

The terms "reconstructed," "structurally altered" and "structural alterations" as used in this article shall include all materials and combinations of materials used in the reconstruction or the alteration.

§ 216-143 Restoration.

A nonconforming building or a building in which nonconforming use is conducted that is destroyed or damaged by any casualty to an extent not exceeding 50% of its value, exclusive of foundation, at the time of such destruction or damage may be restored within one year after such destruction or damage but shall not be enlarged. If any such building is so destroyed or damaged to an extent exceeding 50% of its value as above, it shall not be reconstructed except for a conforming use.

§ 216-144 Maintenance and repairs not restricted.

Nothing in this article shall be deemed to prevent keeping in good repair a building in which a nonconforming use is conducted.

§ 216-145 Uses requiring special permits.

Any use for the establishment of which a permit from the Board of Appeals is required under the use regulations for a particular district, whether such use is existing in such district at the time of the adoption of this section or is subsequently established therein on the obtaining of such a permit, shall be deemed to be a conforming use in such district, provided that any subsequent replacement or enlargement of such use or of any building in which the same is conducted or the construction of an additional building for such use, beyond the extent specified in any such permit, shall be subject to the obtaining of a further permit therefor from the Board of Appeals.