§ 265-3. Preexisting nonconforming uses; existing buildings.

Any nonconforming use existing at the time of the passage of this chapter (March 2, 1964) may be continued and any existing building, designed, arranged, intended or devoted to a nonconforming use may be reconstructed or structurally altered and the nonconforming use therein changed subject to the following regulations:

A. 

The structural alterations made in such building shall in no case exceed 60% of its current replacement cost, as determined by the Village of Cedarhurst, nor shall the building be enlarged, unless the use therein is changed to a conforming use, except that a nonconforming building existing at the time of the passage of this chapter may be enlarged, provided that the use therein is a conforming use and the degree of nonconformity will not be increased in any manner.

B. 

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

C. 

In a residence district, no building or premises devoted to a use permitted in a business district shall be changed into a use excluded from a business district.

D. 

A nonconforming building or use which did not conform with the provisions of the building zone ordinance in force immediately prior to the adoption of this chapter may be continued only to the extent that the same complied with the provisions of such prior ordinance.

E. 

Building damaged by fire. No building which has been damaged by fire or other causes to the extent of more than 50% of current replacement costs, as determined by the Village of Cedarhurst, exclusive of foundations, shall be repaired or rebuilt except in conformity with the regulations of the Village of Cedarhurst; except that where the total structure as repaired or rebuilt shall not exceed the occupiable area as existed prior to said damage by fire or other cause, then upon such repairing and/or rebuilding, the owner shall not be required to supply off-street parking as required by § 265-11A.

[Amended  3-6-1987;  9-28-1970; 12-4-1989 by L.L. No. 14-1989]

F. 

Existing auto body and fender repair shops and motor vehicle repair shops which are preexisting as of November 1, 1957, and, therefore, a nonconforming use may be continued to operate under the following terms and conditions:

[Amended  10-5-1970;  8-19-1974;  3-5-1979 by L.L. No. 14-1979;  10-6-1997 by L.L. No. 9-1997;  9-8-2003 by L.L. No. 11-2003]

(1) 

There shall be an annual license fee due for licenses. Licenses will cease and terminate on the 31st day of May and shall be renewed annually thereafter within 30 days prior to the expiration date thereof. Said license fee shall be as set by the Board of Trustees by resolution of a majority vote of its members present at a Board meeting.

Editor's Note: The fee schedule is on file in the Village offices.

(2) 

Work on the premises must be limited to the hours of 8:00 a.m. to 6:00 p.m. daily, exclusive of Sundays.

(3) 

All work to be done must be performed inside the building and no repair of any kind is to be performed outside of the building.

(4) 

Where the existing premises are surrounded with fences and/or gates, fences and/or gates shall be maintained and shall be locked at the time the building is locked.

(5) 

No spare parts, debris, old fenders, etc., shall be kept or stored outside of the building unless the same are stored in special bins and/or containers.

(6) 

If parking space is available on the premises such parking space may be used for cars waiting for service. No overnight parking shall be permitted on the street front of any premises. All adjacent areas used to park cars awaiting service or repairs shall be paved with concrete or asphalt as per section § 265-96.

(7) 

The premises shall always be maintained as per the rules and regulations of the Lawrence-Cedarhurst Fire Department and the Fire Marshal's Office of Nassau County.

G. 

Gas service station and motor vehicle repair shop preexisting nonconforming uses shall immediately comply with the following:

[Added 8-19-1974; amended 9-9-1974; 11-21-1977 by L.L. No. 28-1977; 9-8-2003 by L.L. No. 11-2003]

(1) 

All adjacent areas used to park cars awaiting service or repairs shall be paved with concrete or asphalt as per § 265-96.

(2) 

All toilet rooms having exterior doors entering directly into the outside shall have spring closing door hardware, closed at all times, and shall have exterior metal or equal buffer screens, obstructing the view from the exterior.

(3) 

All garbage, old tires, old parts and debris shall be kept in special closed storage areas and shall be removed from the premises at least weekly.

(4) 

No unregistered motor vehicles may be parked on the site and no areas may be used for open sale and display of new and/or used cars.

(5) 

The premises may not be used for rental parking areas. Only cars awaiting services may be parked.

(6) 

Motor vehicles repairs shall be conducted within the building and, excepting emergency repairs, shall be done between the hours of 8:00 a.m. and 6:00 p.m., Monday through Saturday. Emergency repair work may be done at any time.

(7) 

All required fencing shall be maintained and kept in good clean and structural condition.

(8) 

Mixed uses prohibited. The sale of products and services exclusively related to the operation and maintenance of motor vehicles are permitted, and all other uses are prohibited.

Amended  3-6-1967;  11-17-1969; 10-19-1970