ZONING LAW AS IT SHOULD HAVE APPLIED TO THE SHOOTING RANGE

 

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Zoning Law

Brookhaven Town Code
§ 85-372 Nonconforming uses. 

The lawful use of any building, structure or land existing at the effective date of the zoning ordinances of the Town of Brookhaven may be continued although such use does not conform to the provisions of this chapter, provided that the following conditions are met:

(6) Discontinuance.
The substantial discontinuance of any nonconforming use for a period of one year or more terminates such nonconforming use of a structure or premises and thereafter such structure or premises shall not be used, except in conformity with the provisions of the Town Code.


"A zoning ordinance that provides for termination of a nonconforming use after discontinuance for a specified period of time is deemed to supply as a matter of law the element of intent.
On Long Island, statutes that provide for the discontinuance of nonconforming use after one year of abandonment are quite common."  
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(New York Law Review ‘Long Island Weekly’
Tuesday, April 15, 2003)

The range was closed on October 1, 2001 and re-opened on July 15, 2006. Therefore the range was closed for Four Years and Nine Months during which time no activity directly or indirectly related to it’s use or its purpose as a shooting range, was conducted. The reopening of this facility clearly violates Brookhaven Town zoning law as well as the zoning laws of the two other towns represented on the Pine Barrens Commission (see below), yet Steve Levy decided to once again flout the law and force the range's reopening.


Riverhead Town Code
§ 108-51 Nonconforming buildings and uses. 

[Amended 6-17-1975; 7-3-1979; 10-1-2002 by L.L. No. 29-2002; 6-17-2003 by L.L. No. 6-2003] …

C. No nonconforming use may be reestablished where such nonconforming use has been discontinued for a period of one year.

Southampton Town Code
§ 330-118 Abandonment. 

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.

 

 

 

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