Village of Great Neck Plaza, NY
Nassau County
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Table of Contents
Table of Contents
Any nonconforming use and any nonconforming building or building devoted to a nonconforming use, and all buildings and uses that become nonconforming by reason of the provisions of this chapter and any amendment thereto, may be continued but shall not be:
A. 
Restored for other than a conforming use after damage for any reason exceeding 50% of its appraised value or its bulk, except that a residential building which was legally nonconforming prior to the effective date of this chapter may be fully rebuilt and restored to its nonconforming use even if a fire or other comparable natural disaster demolishes more than 50% of such building's value or bulk. If the restoration of a building whose damage does not exceed 50% of its appraised value or bulk is not completed within a one-year period, the nonconforming use of such building shall be deemed to have been discontinued.
B. 
Reestablished if such use has been discontinued for any reason for a period of one year or more or has been changed to or replaced by a conforming use. Intent to resume a nonconforming use shall not confer the right to do so.
C. 
Changed to another nonconforming use without approval by the Board of Trustees, and then only to a use which, in the opinion of the Board of Trustees, is of the same or a more restricted nature.
D. 
Moved to another location where such use would be nonconforming.
E. 
Enlarged, altered, extended, reconstructed or restored, except as provided in this section, or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever.
A. 
Upon the filing of an application for any permit (building permit or otherwise) to rebuild any such structure or any portion approved both as to value and bulk, the Board of Trustees shall appoint three appraisers to determine the extent of the damage, and the determination thereof by the Board of Trustees, based on the report of the three appraisers, shall be conclusive.
B. 
The Board of Trustees shall have the power, without the appointment of three appraisers, and based on the facts presented to it, to determine that the premises in question have not been damaged in excess of 50% of its appraised value or bulk.
C. 
In the event that the Board of Trustees determines that an appraisal is required pursuant to Subsection A above, the cost of the same shall be borne by the applicant.
D. 
Failure to apply for a building permit within 12 months from the date upon which the damage occurs or to commence construction within one year after issuance of such permit and to complete said construction within a reasonable time thereafter shall be deemed an abandonment of such nonconforming building or use.
Nothing in this Article shall be deemed to prevent normal maintenance and repair or structural or nonstructural alterations of a nonconforming building, provided that such action does not increase the degree or burden of nonconformity.