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Amityville City Zoning Code

ARTICLE XIII

Nonconforming Uses

§ 183-120 Continuance of existing lawful uses.

The lawful use of a building or premises existing on the fourth day of August 1930, or authorized by a building permit issued prior thereto, may be continued, although such use does not conform to the provisions of this chapter.

§ 183-121 Enlarging, extending and reconstructing of nonconforming uses.

A. 
No building which is designed or arranged for, or intended for or devoted to, a use not permitted in the district in which such building is located shall be enlarged, extended, reconstructed or structurally altered, except as set forth in Subsection B or C, unless such use is changed to a use permitted in the district in which such building is located.
B. 
A building devoted to a nonconforming use may be reconstructed or structurally altered to an extent not greater than 50% of the current fair market value of the building, exclusive of foundations, provided that no use in such building is changed or extended.
C. 
A nonconforming use of a building or premises shall not be extended, but the extension of a use to any portion of a building which portion was erected and designed for such nonconforming use on August 4, 1930, shall not be deemed an extension of a nonconforming use.

§ 183-122 Change of use.

A nonconforming use shall not be changed unless changed to a conforming use. No nonconforming use, if once changed to a use permitted in the district in which it is located, shall be changed back to a nonconforming use.

§ 183-123 Discontinuance.

No nonconforming use which shall have been discontinued for a period exceeding one year shall be resumed or replaced by any other nonconforming use.

§ 183-124 Certificate of occupancy required.

It shall be the duty of every owner of land or building devoted to a lawful nonconforming use to obtain a certificate of occupancy therefor. The Code Enforcement Officer shall have the authority to issue such certificates upon submission of documentary evidence establishing such nonconforming use.