§ 70-223. Certificate of existing use.

A. 

Upon a written request from the owner, the Commissioner of Buildings may issue a certificate of existing use for any building or premises existing at the effective date of this section, certifying, after inspection, the use of this building or premises and whether such use conforms to the provisions of the Town of North Hempstead Building and Zoning Ordinance in effect at the time of construction.

B. 

An applicant for a certificate of existing use shall be required to furnish the Commissioner of Buildings with a plan, a final survey and such other information as said official may require to ascertain whether the building, alteration or use complies with the provisions of this section.

C. 

The fee as required in § 70-221H must accompany the request for a certificate of existing use.

D. 

A certificate of existing use is limited to the following conditions:

[Amended 3-1-1994 by L.L. No. 1-1994]

(1) 

A building or premises constructed and/or altered prior to this local law which complies with the zoning restrictions as currently in effect.

(2) 

A building or premises constructed and/or altered prior to existing zoning ordinances which does not comply with the zoning restrictions as currently in effect. The Commissioner of Buildings shall issue this certificate stating that the building or premises is a nonconforming use and all future construction and/or alteration will be regulated by § 70-208. Any application for a certificate of existing use pursuant to this section which would authorize a use of a building or premises not permitted by zoning restrictions in effect at the time of such application must comply with the procedures set forth in § 70-223E.

E. 

Procedure for nonpermitted uses.

[Added 3-1-1994 by L.L. No. 1-1994]

(1) 

Before an application for the issuance of a certificate of existing use which would authorize a use of a building or premises not permitted by zoning restrictions in effect at the time of such application may be considered by the Commissioner of Buildings, a complete and accurate list of names and addresses of the owners of all the lands within a radius of 200 feet of the property affected by such application as appears on the latest complete assessment roll of the County of Nassau shall be submitted simultaneously with the application. The applicant shall send, by registered or certified mail, to each owner shown on said list, not less than 10 nor more than 20 days before the date on which the application is to be submitted, a notice addressed to such owners generally signed by the applicant, identifying the property affected by the application, setting forth the use requested and advising that any objections must be filed with the Commissioner of Buildings within 10 days of the date on which the application is to be submitted. Before the Commissioner of Buildings may consider the application, the applicant must submit to the Commissioner an affidavit of the mailing of such notices as herein provided, said affidavit to be made on forms provided by the Commissioner of Buildings.

(2) 

The Commissioner of Buildings shall not act upon any such application within 10 days of its filing. Following such ten-day period, the Commissioner shall consider the application and any objections filed and shall grant the application only if the applicant shall establish his entitlement to the certificate under § 70-223D by a preponderance of the evidence. The Commissioner shall be entitled to request and consider additional evidence before making a determination.

Editor's Note: This local law also repealed former § 70-223, Certificate of compliance.

Added 3-25-1986 by L.L. No. 3-1986