November 2025

Uses and structures that do not conform to a zoning ordinance are deemed “nonconforming uses” and “nonconforming structures,” respectively. Uses relate to the utilization of land (e.g. type of activity/operation), whereas structures are dimensional in nature (e.g. square footage, height, setbacks, etc.). But, what is the proper classification of a nonconforming structure that contains a

In an ideal scenario for any property owner or developer looking to build on Long Island, all aspects of a new development project will comply with the applicable provisions of a municipality’s zoning ordinance. The reality for many, however, is that there is usually some element of the project that is either not permitted or