[Amended 9-8-2007 by L.L. No. 4-2007]
A. 
No building or land shall be used and no building shall be erected or structurally altered except in conformity with this chapter. No building or land shall be used for any trade, industry or purpose that is noxious or offensive by reason of emission of odor, dust, smoke, gas fumes, noise, etc., or that is detrimental to the health, safety, morals or general welfare of the community.
B. 
All new structures and modifications of existing structures shall conform to the provisions of this Code as they relate to the new construction and the modifications. Unaltered portions of otherwise legal nonconforming structures shall not be required to obtain area variances for their continued existence.
[Amended 9-8-2007 by L.L. No. 4-2007]
A. 
The term "legal nonconforming use," as used in this chapter, shall mean any nonconforming use which, at the time such use was commenced, was maintainable as a matter of right under the statutes, local laws and general rules of law then in effect in the Village of Ocean Beach.
B. 
The term "legal nonconforming structure," as used in this chapter, shall mean any nonconforming structure which, at the time such structure was built and/or erected, was maintainable as a matter of right under the statutes, local laws and general rules of law then in effect in the Village of Ocean Beach.
A. 
Any legal nonconforming use may be continued; provided, however, that a legal nonconforming use shall not be changed unless changed to a conforming use except as otherwise herein provided.
[Amended 12-8-79 by L.L. No. 7-1979]
(1) 
Permissive change of nonconforming use.[1] The following changes may be permitted only upon issuance of a special permit by the Board of Trustees after a public hearing and upon approval of the Fire Island National Seashore.
(a) 
A use defined under § 164-33F to a use defined under § 164-33E.
(b) 
Uses defined under § 164-33C, E and F to a use defined under § 164-33A.
[1]
Editor's Note: Local Law No. 5-1981, enacted 7-11-81, provided that for a period of one (1) year commencing July 1, 1981, and ending July 11, 1982, the Board of Trustees shall not entertain any application for a permissive change of a nonconforming use from a use prohibited by § 164-33E to a use for apartments or apartment hotels.
(2) 
Prohibited change of nonconforming use.
(a) 
A use defined under § 164-33A may not be changed to uses defined under § 164-33C, E and F.
(b) 
A use defined under § 164-33C may not be changed to uses defined under § 164-33E and F.
(c) 
A use defined under § 164-33E may not be changed to uses defined under § 164-33F.
(3) 
Uses formerly situated in the Business District under the Zoning Ordinance of 1921, now in the Residence District, may alter their uses to a use permitted under § 164-32 with the approval of the Board of Trustees after a public hearing and may, with the approval of the Board of Trustees after a public hearing, upgrade their structure for safety, fire protection and aesthetic purposes. A legal nonconforming use, if discontinued by virtue of abandonment, shall be deemed to have lost its legal nonconforming status and will be required to have any and all new structures or uses conform to this chapter. A legal nonconforming use, if changed to be a conforming use, may not thereafter be changed or returned to any nonconforming use.
B. 
Any continually licensed rooming house in the Residence District which was formerly zoned in the Business District pursuant to the Zoning Ordinance of 1921 may, although in the Residence District, be used as a rooming house so long as such license is continued to be maintained. Upon the issuance of a special permit by the Board of Trustees after a public hearing and upon approval of the Fire Island National Seashore, such continually licensed rooming house may be converted to a multiple-family structure containing apartments, provided that the same is in compliance with the provisions of § 164-6 and further is in compliance with the provisions of § 164-16 and §§ 164-19 through 164-29.
[Amended 11-1-80 by L.L. No. 12-1980]
C. 
A legal nonconforming use, if discontinued by virtue of destruction by natural or other causes to more than 50% of the replacement cost, shall be deemed to have lost its legal nonconforming status and will be required to have any and all new structures or uses conform to this chapter with the following specific exceptions:
(1) 
Within the Business District, a nonconforming building designed, arranged, intended or devoted to a use not permitted in the Business District may, after public hearing and special permit from the Board of Trustees, be restored and the occupancy or use of such building, structure or part thereof, which existed at the time of such destruction, may be continued or resumed, provided that the restoration is started within a period of one year and is diligently prosecuted to completion. In the reconstruction, neither the floor area nor the volume shall be increased.
(2) 
Within the Residence District, a building formerly zoned business pursuant to the Zoning Ordinance of 1921 and legally used for the purpose of selling goods and/or services at retail as of July 17, 1976, and for a substantial time prior thereto and as of the date of this chapter may be reconstructed either as a permitted use under Article IV or, after public hearing and special permit from the Board of Trustees, may be restored and the occupancy or use of such building, structure or part thereto, which existed at the time of such destruction, may be continued or resumed, provided that the restoration is started within a period of one year and is diligently prosecuted to completion. In the reconstruction, neither the floor area nor the volume shall be increased. This section shall not apply to any properties formerly zoned in the Business District under the Zoning Ordinance of 1921 and now zoned residential which were used for residential purposes as of July 17, 1976, or were not legally used as a building for the purpose of selling goods and/or services at retail as of July 17, 1976.
(3) 
Within the Residence District, a rooming house or multiple dwelling formerly zoned business pursuant to the Zoning Ordinance of 1921 or a structure formerly zoned business under said ordinance where such structure was legally used for the purpose of selling goods and/or services at retail as of July 17, 1976, and for a substantial time prior thereto and as of the date of this chapter may be reconstructed, either as a permitted use under Article IV or, after public hearing and special permit from the Board of Trustees and upon approval of the Fire Island National Seashore and subject to the provisions of § 164-16 and §§ 164-19 through 164-29 and § 164-6, to contain either a two-family dwelling or a multiple-family structure containing apartments. This section shall not apply to any properties formerly zoned in the Business District under the Zoning Ordinance of 1921 and now zoned residential which were used for residential purposes as of July 17, 1976, or were not used as a licensed rooming house or legally used as a structure for the purpose of selling goods and/or services at retail as of July 17, 1976.
[Amended 11-1-80 by L.L. No. 12-1980]
D. 
Nothing contained in this section shall be deemed to permit or authorize the enlargement or extension of any existing building or accessory building.
[Added 11-1-80 by L.L. No. 12-1980]
Subject to § 164-10, no existing building designed, arranged, intended or devoted to a use not permitted in the district in which such use is located shall be enlarged, extended, reconstructed or altered, unless the use is changed to a use permitted in the district in which such building is located.
It shall be unlawful to use or permit the use of any building or premises or part thereof created, erected, changed or converted wholly or partly in its use or structure until a certificate of occupancy, to the effect that such building or premises or part thereof and the proposed use thereof conform to the provisions of this chapter and any other applicable local law, shall have been issued by the Inspector of Buildings.