These provisions shall apply to all buildings or structures and all uses of buildings or structures or lots lawfully existing prior to the effective date of this chapter or of subsequent amendments, revisions or reenactments of such chapter, which buildings or structures or uses do not conform to the provisions of said original Zoning Law or to such revisions or reenactments on their effective dates.
No unlawful building or structure or unlawful use of a building or structure or lot existing at the effective date of this chapter shall be deemed to be a nonconforming building, structure or use.
A. 
Notwithstanding any other provision of this Code, any lot described in a deed executed, delivered and recorded prior to October 14, 1957, or shown on a subdivision map filed in the Suffolk County Clerk's office as of October 14, 1957, and containing a lot area of at least 5,000 square feet and a lot width of at least 40 feet shall be considered a separate lot, provided that any property owner subsequent to 1957 did not intentionally merge the lot with another lot, and notwithstanding any subsequent unintentional merger with any other lot, and a single-family dwelling may be built on such lot for use in accordance with all of the other provisions of this Code. The filed map from 1957 may be superseded by a subsequently filed map, provided that the side yard setbacks for the principal building shall be at least eight feet per side yard, and provided, further, any such lot may not be further subdivided.
[Amended 12-18-1997 by L.L. No. 5-1997]
B. 
A conforming building or structure used by a nonconforming use shall not be reconstructed, structurally altered, restored or repaired to an extent exceeding 100% of the gross floor area of such building or structure unless the use of such building or structure is changed to a conforming use.
C. 
A nonconforming building or structure that is devoted to a conforming use may be enlarged, reconstructed, structurally altered, restored or repaired, in whole or in part, and the provisions of Subsection B shall not apply, except that the degree of nonconformity shall not be increased.
D. 
A nonconforming lot separately owned and not adjoining any lot or land in the same ownership at the effective date of this chapter and not adjoining any lot or land in the same ownership at any time subsequent to such date may be used, or a building or structure may be erected on such lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof of such separate ownership is submitted in the form of an abstract of title showing the changes of title to said lot, which abstract shall be in the usual form, shall be certified by an attorney or a company regularly doing such work in Suffolk County or by a corporation duly licensed to examine and insure title to real property in Suffolk County and shall contain a certification that no contiguous property was owned by an owner of the property involved since the date of any previously applicable zoning law. Such lot shall be granted relief for side and rear yard dimensions as follows:
(1) 
Side yards.
[Amended 10–22-1997 by L.L. No. 4-1997; 8-13-1999 by L.L. No. 1-1999]
(a) 
The total dimensions of both side yards shall be computed on the basis of 4/10 of the total lot width, with no individual side yard being less than 4/10 of the total side yard dimension as computed herein, and in no event shall any individual side yard be less than eight feet.
(b) 
The total dimensions of both side yards may be computed, at the option of the property owner, on the basis of 3/10 of the total lot width, provided that the property owner shall agree to center the main structure on the lot, and the total side yard dimension shall be divided equally between the two side yards, and in no event shall any individual side yard be less than eight feet.
(c) 
In the event an individual side yard dimension is less than 10 feet in width, the only encroachment by an improvement less than eight feet from the side property line shall be an uncovered three-foot-wide or less cantilevered catwalk, walkway, access walk, on one side of the property only and which shall be extended to no closer than five feet from the side property line, but only in the event that the other side yard of the premises is in compliance with the total side yard requirement, in no case less than eight feet, and that there is no encroachment of a catwalk, walkway, access walk, or any portion of the improvements on the property on the other side yard of less than eight feet from the side property line.
(d) 
In the event that an uncovered cantilevered catwalk or walkway should extend closer than eight feet from the side property line, the Building Inspector, at his discretion, may have the authority to require fire-resistant materials to be applied to the structure or improvements, with ratings and regulations that he may prescribe.
(2) 
The total rear yard dimension for a principal building shall be computed on the basis of 3/10 of the lot depth; however, no dimension for the rear yard of a principal building shall be less than 30 feet.
(3) 
In the case of a single and separate lot meeting the requirements of Subsection D of this section for a buildable lot which is located in a major subdivision plat approved after October 14, 1957, by the Planning Board and filed with the Suffolk County Clerk's office or in a minor subdivision plat approved after April 17, 1975, by the Planning Board and filed with the Village Clerk's office, relief for all front, side and rear yard and area dimensions shall be granted to the extent that such front, side and rear yard and area dimensions were required at the time the map was originally filed as required by law.
E. 
An existing building or structure designed and used for a conforming use but located on a nonconforming lot, whether the building is conforming or nonconforming with respect to lot coverage and minimum yard requirements, may be enlarged, reconstructed, structurally altered, restored or repaired, in whole or in part, except that the degree of nonconformity shall not be increased.
F. 
Notwithstanding the provisions of § 560-41D, where a legally existing substandard lot comes into the same record ownership as one or more adjacent lots solely by reason of the death of a previous record owner, the owner of said lots in the same record ownership shall have three years from the date of death of the previous owner causing the lots to be in the same ownership to place the lots into single and separate ownership. Failure to place lots in single and separate ownership within said parcel shall result in the merger of substandard lots for zoning purposes.
A one-family detached dwelling or its customary accessory structure existing on a described parcel held in single and separate ownership at the effective date of this chapter may be enlarged or extended in an amount not to exceed 50% of the first-floor area, provided that any existing nonconforming yard dimensions are not reduced further, and further provided that the lot coverage shall not exceed the present zoning requirements. No other nonconforming use shall be enlarged or extended nor shall the degree of nonconformity of a nonconforming building be increased except as provided in § 560-52B.
A nonconforming use shall be changed only to a conforming use, except as provided in § 560-52B.
A. 
A nonconforming use shall be deemed to have been abandoned:
(1) 
When it is changed to a conforming use.
(2) 
In cases where such nonconforming use is of a building or structure designed for such use, when it has been voluntarily discontinued for a period of 12 consecutive months; and, in cases where such nonconforming use is of a building or structure designed for such use, when it has not in fact been actually used for a continuous period of three years.
(3) 
In cases where such nonconforming use is of a building or structure not designed for such use or is of a lot or land whereon there is no consequential building or structure devoted to such use, when it has been voluntarily discontinued for a period of six consecutive months and, in such cases, when it has not in fact been actually used for a continuous period of 18 months.
B. 
A nonconforming use that has been abandoned shall not thereafter be reinstated.
A. 
A nonconforming structure or nonconforming use may be subject to compulsory termination by the Village Board when it is found detrimental to the conservation of the value of the surrounding land and improvements or to future development of surrounding lands, and therefore is tending to deteriorate or blight the neighborhood.
B. 
In ordering the compulsory termination of a nonconforming structure or nonconforming use, the Village Board shall establish a definite and reasonable amortization period during which the nonconforming use may continue while the investment value remaining after the date of the termination order is amortized. Determination of the amount to be amortized shall be based on the value and condition of the land and improvements for the nonconforming use less their value and condition for a conforming use, and such other reasonable costs as the termination may cause. The rate of amortization shall be in accordance with reasonable economic practice.
C. 
Anything to the contrary in this chapter notwithstanding, any nonconforming billboard or any flashing or moving sign, except as provided in § 560-26C, wherever located, shall become an unlawful structure on June 1, 1975, and shall thereupon be removed.
D. 
Any owner of any such nonconforming billboard or flashing or moving sign, except as provided in § 560-26C, who alleges that the period herein provided for the amortization of such sign is unreasonable as to a particular sign may apply to the Village Board for an extension of time for amortization of such sign. If the Village Board finds that the construction cost of a particular sign would not be reasonably amortized by the aforesaid date, then the Village Board may extend the amortization period to a date which it finds would provide a reasonable amortization period. In no event, however, shall the total amortization period for a particular sign extend beyond a date which would result in amortization of the construction cost of a particular sign at a rate of less than $100 per year computed on a straight-line basis.