As used in this article, the following terms shall have the
meanings indicated:
Any nonconforming use which, at the time such use was commenced,
was maintainable as a matter of right under the statutes, ordinances
and general rules of law then in effect in the Town of Hempstead.
Any building or the use of any land or building which does
not conform to the provisions of this ordinance for the use district
in which it is maintained or any building or structure which does
not conform to the Building Code of the Town of Hempstead or to the
New York State Building Construction Code.
Any legal nonconforming use may be continued as provided in
this article. Such legal nonconforming use may be changed to another
use which is permitted in the district in which such legal nonconforming
use is expressly permitted by this ordinance, and such other use may
be continued as a legal nonconforming use in accordance with this
article, provided that the Board of Zoning Appeals, after application,
notice and hearing in the manner prescribed by § 267 of
the Town Law, shall determine that such other use will not have a
greater adverse effect on other properties in the vicinity, considering
the purposes in view defined by § 263 of the Town Law, than
the use it is proposed to replace.
Whenever a legal nonconforming use shall have been abandoned
or changed to a use conforming to the provisions of this ordinance,
the land, building or structure in which said legal nonconforming
use shall have existed shall not thereafter be used for any nonconforming
use.
The Manager of the Building Department may, on the written verified
application of the owner of property claiming a legal nonconforming
use thereon, confirm such use by determining that such use is, in
fact, a legal nonconforming use.
Every application under § 6 hereof shall state or
be accompanied by an affidavit or affidavits stating the evidentiary
facts claimed to establish such use as a legal nonconforming use and
shall be filed in duplicate with the Building Department. The Manager
of the Building Department may, in his discretion, require the production
of additional evidence and make whatever independent investigation
he may deem necessary.
The Manager of the Building Department, upon the evidence submitted
to and obtained by him, shall make and file with the Town Clerk a
written determination confirming or denying that such use is a legal
nonconforming use and stating the facts which he finds to be established
by such evidence, the basis of such findings and the conclusions he
has drawn from such findings.
A.
Upon confirmation by the Manager of the Building Department of any
legal nonconforming use pursuant to this article, he shall issue to
the applicant a certificate of occupancy with an endorsement thereon
specifying the legal nonconforming use so confirmed, and such certificate
shall constitute presumptive evidence that such use is a legal nonconforming
use in any action or proceeding brought to enforce this ordinance.
B.
Every nonconforming use for which a certificate of occupancy has
not been issued, as provided in this article, shall presumptively
be an illegal nonconforming use for the purpose of any application
to or proceeding before any officer or Board of the Town of Hempstead.
Nothing in this article shall be deemed to make legal or to
permit the confirmation of any nonconforming use which is not a legal
nonconforming use or to invalidate the use of or require the confirmation
of the use of any land, building or structure for which a valid certificate
of occupancy has been issued prior to and is in effect on the effective
date of this section.
If any clause, sentence, section, paragraph or provisions of
this article shall be adjudged by a court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
any other part of this article, but shall be confined in its operation
to the clause, sentence, section, paragraph or provision directly
involved in the action or proceeding in which the judgment or order
so adjudging shall have been rendered.
