People v. Orr

OPINION OF THE COURT

Memorandum.

Judgment of conviction unanimously affirmed.

At trial, defendants conceded that they operated the premises in violation of the ordinance (Bayville Village Code § 80-45 [B] [5]), but claimed that they had a valid preexisting nonconforming use. A nonconforming use is generally referred to as a use of land which lawfully existed prior to the enactment of the zoning ordinance, and which is maintained after the effective date of the ordinance although it does not comply with the use restrictions applicable to the area in which it is situated (1 Salkin, New York Zoning…