§ 70-208. Nonconforming buildings and uses., Article XXII. General Provisions, Chapter 70. Zoning, Code of Ordinances, North Hempstead

Notwithstanding any other provision of this chapter, any automobile or other junkyard in existence at the effective date of this chapter in a residence or business district shall, at the expiration of three years from such date, be discontinued.

The lawful use of a building or premises existing at the effective date of this chapter, or authorized by a building or other permit issued prior thereto, may be continued, although such use does not conform to the provisions of this chapter.

A nonconforming use of a building or premises may be changed only to a use of a higher classification according to the provisions of this chapter. For purposes of this section, a change to a use which is a conditional use in the more restricted zone shall not be considered to be a change to a use of a higher classification.

Whenever a nonconforming use of a building or premises has been abandoned or changed to a higher classification or to a conforming use, such use shall not thereafter be changed to a use of a lower classification.

Discontinuance of any nonconforming use for a period of one year or more terminates such nonconforming use of a structure or premises, and, thereafter, said structure or premises shall not be used except in conformity with provisions of this chapter.

A nonconforming building shall be extended, altered, enlarged, replaced or moved only if such extension, alteration, enlargement, replacement or move does not increase the existing nonconformity and is in accordance with the provisions of § 70-209.

A nonconforming use shall be altered or replaced only if such alteration or replacement does not increase the existing nonconformity and is in accordance with the provisions of § 70-209. A nonconforming use shall be extended, enlarged, or moved only if such extension, enlargement, or move is in conformity with the provisions of this chapter.

Nothing in this article shall be deemed to prevent keeping in good repair a nonconforming building or a building in which a nonconforming use is conducted, but no such building that is declared by the Building Official to be unsafe or unlawful by reason of physical condition shall be restored, repaired or rebuilt except in conformity with the regulations prescribed by this chapter for the district in which such building is located.

Nothing in this article shall be deemed to apply to any building or use or part thereof established in violation of law.

In any criminal or quasi-criminal prosecution or enforcement action or civil injunction commenced by the Town to enforce the provisions of Chapter 70 of the Town Code, if a property owner or other defendant sets forth as a defense the existence of a preexisting nonconforming use, such a defense shall be deemed an affirmative defense for all purposes, and the burden of proof shall be upon the property owner or other defendant to establish by a preponderance of the evidence that the use is a preexisting nonconforming use.

Applications concerning single-family and two-family dwellings located in Business or Industrial Districts that existed at, and were lawful at, the effective date of this chapter shall be reviewed in accordance with the requirements of Article VI of this chapter pertaining to the Residence-C District. Nothing in this code shall permit, in Business and Industrial Districts, the construction of a new dwelling nor the reconstruction of an existing dwelling that has been removed to the extent that the removal exceeds 50% of the existing structure as defined in § 70-209.

[Added 1-29-2019 by L.L. No. 3-2019]

Editor's Note: This local law also repealed former § 70-208, Municipal use, amended 10-10-1967.