[Amended 12-2-2002 by L.L. No. 11-2002]
A nonconforming use is any use, whether of a
building or structure or land, or both, which:
A.
Does not conform to the provisions of this chapter.
B.
Was not discontinued, abandoned or unused for a period
of one year or more under the Building Zone Ordinance of the Town
of Brookhaven and prior to the effective date of the Zoning Ordinance
of 1963 of the Incorporated Village of Port Jefferson.
C.
Was and is a lawful use validly begun and maintained
up to and at the time of the effective date of the Zoning Ordinance
of 1963 of the Incorporated Village of Port Jefferson.
D.
Was and is a lawful use validly begun and maintained
up to and at the time of the effective date of this chapter.
[Amended 12-2-2002 by L.L. No. 11-2002]
A nonconforming use, as defined in § 250-38, may be continued, provided that it:
A.
Shall not be enlarged, altered, extended, reconstructed
or restored 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.
B.
Shall not be moved to another location where such
use would be nonconforming.
C.
Except as to apartment conversions under § 250-18(F)(4)(d),
shall not be changed to another nonconforming use without approval
by the Board of Appeals, and then only to a use which, in the opinion
of the Board of Appeals, is of the same or lessens the degree of nonconformity.
[Amended 4-6-2020 by L.L. No. 8-2020]
D.
Shall not be reestablished if such use has been discontinued
or abandoned or not used for any reason for a period of one year or
more or has been changed to or replaced by a conforming use. The words
"discontinued" and "not used" shall not be construed as the equivalent
of "abandonment." They are intended to have separate and distinct
meanings.
E.
Repair of buildings containing a nonconforming use.
(1)
If a building that contains a nonconforming use is
damaged for any reason and from any cause to an extent of more than
50% of the replacement cost of the building, it shall not be repaired
for any nonconforming use but only for a use conforming to the regulations
of the district in which it is situated.
(2)
In the event that the building containing the nonconforming use is used jointly with other buildings or structures as one nonconforming use, but is physically separated from those other buildings or structures, "replacement cost," as used in this Subsection E, shall mean the full value only of the damaged building without consideration being given to, and without regard for, the value of the remaining buildings.
[Amended 6-6-1979 by L.L. No. 11-1979; 12-2-2002 by L.L. No.
11-2002]
A.
A noncomplying building is any building which contains
a use permitted in the district in which it is located but does not
conform to the district regulations for lot area, width or depth;
front, side or rear yards; maximum height; lot coverage; minimum livable
floor area per dwelling unit; or parking requirements.
B.
Nothing in this article shall be deemed to prevent
normal maintenance and repair, structural alteration of, moving or
reconstruction of a noncomplying building (such reconstruction coming
as a result of either a casualty or voluntary demolishment of the
building), provided that such action does not increase the degree
of or create any new noncompliance with regard to the regulations
pertaining to such building.
Each of the nonconforming uses specified below
is deemed sufficiently objectionable, undesirable and out of character
in the district in which such use is located as to depreciate the
value of other property and uses permitted in the district and hamper
the proper and orderly development and general welfare of such district
and the community to the point that each of such nonconforming uses
shall be terminated on or before the expiration of the specified period
of time after the effective date of this chapter, which period of
time is specified for the purpose of permitting the amortization of
the remaining value, if any, of such use:
A.
In any residence district, any nonconforming use of
open land, including such uses as a parking lot, trailer, junkyard
or open storage yard for materials or equipment, may be continued
for three years after the effective date of this chapter, provided
that after the expiration of that period, such nonconforming use shall
be terminated. This does not apply to used-car lots operated in conjunction
with a new car dealership.
D.
In any district, outdoor lighting which is not shielded
or which is directed at properties other than the lot on which said
lighting is situated may be continued for two years following the
effective date of this subsection, provided that after the expiration
of that period, such nonconforming use shall be terminated.[3]
[3]
Editor's Note: Former Subsection E, regarding
certain nonconforming signs, added 5-6-1996 by L.L. No. 7-1996, which
immediately followed this subsection, was repealed 6-26-2006 by L.L.
No. 2-2006.
Notwithstanding any of the above regulations,
nothing in this article shall be deemed to prevent normal maintenance
and repair of any use or building or the carrying out upon the issuance
of a building permit of major structural alterations or demolitions
necessary in the interest of public safety. In granting such a building
permit, the Building Inspector shall state the precise reason why
such alterations were deemed necessary.
For certification of nonconforming uses by Board of Appeals, see § 250-49D.
