Extension. A nonconforming use shall not be extended, expanded, enlarged, reconstructed, structurally altered or restored by any means or in any respect whatsoever, nor shall any external evidence of a nonconforming use be increased unless in accordance with § 193-160.

Changes. No nonconforming building, structure or use shall be changed to another nonconforming use.

Whenever a nonconforming use of a building has been substantially discontinued for more than six months, such nonconforming use shall thereafter be determined to be illegal and in violation of this article. Whenever a nonconforming use of a building has been changed to a higher classification or to a conforming use, such higher or conforming use shall not thereafter be changed to a use of lower classification.

No building which has been damaged by fire or other causes to the extent of more than 50% of physical structure, as determined by the Building Inspector, or his designee, exclusive of foundations, shall be repaired, rebuilt or used except in conformity with provisions of this article.

Prior use. Nothing herein contained shall be deemed to affect any legally existing use of a building at the time of the adoption of this article and not conforming to the regulations of the district in which it is maintained.

There shall be submitted to said Board by every applicant four copies of a current survey of the property, a letter from the Building Department of the Village of Lindenhurst stating that the building existed prior to whatever zoning the use predates and an affidavit or affidavits from parties other than individuals related to the applicant/owner stating the evidentiary facts which claim to establish such use as a legal nonconforming use.

The applicant shall submit a professionally prepared radius map detailing all properties and listing all property owners within a 250-foot radius of the subject property. Stated on the radius map or upon an attached paper shall be a listing of the affected property owners and such additional information as shall identify each property owner to the premises which he or she may own.

The applicant will give notice to all property owners located within the 250-foot radius of the nonconforming application. The notice will state the purpose of the applicant and the date, time and location of the public hearing. Such notice shall be on a form prescribed by the Board of Review and shall be mailed to such property owners by certified mail, return receipt requested, not less than 17 days in advance of the date upon which this Board shall hear and consider the application. Prior to such hearing, the applicant shall file with the Board of Review all of the return receipts, together with a radius map, in two copies, depicting the affected premises and all premises situated within 250 feet of the affected premises. The property owners to be so notified are those appearing on the current tax rolls of the Village of Lindenhurst, except that, if the applicant shall have personal knowledge that any such property has been conveyed to a new owner, such notice shall be sent to the new owner, and the applicant shall so advise the Board of Review, in writing, of the change of ownership.

An applicant, in applying to the Nonconforming Use Board, shall pay to the Village of Lindenhurst a review, filing and advertisement fee established by resolution of the Village Board of Trustees.

The Board of Review shall hold a public hearing at which the applicant and persons who have submitted affidavits shall appear before this Board. The burden of proof shall be upon the applicant to show that such use existed before the applicable zoning ordinance and that such use has not lapsed.

Upon the evidence submitted, the Board of Review shall make a determination, in writing, confirming or denying that such use is a legal nonconforming use and shall further state those facts which this Board finds has established such use.

Upon confirmation by the Board of Review of any legal nonconforming use pursuant to this article, a building inspector or other persons charged with the issuance of certificates of occupancy and/or certificates of compliance shall issue to the applicant a certificate of occupancy with an endorsement thereon specifying the legal nonconforming use found by the Board of Review, and such certificate shall constitute presumptive evidence that such use is a legal nonconforming use in any action or proceeding brought to enforce this article.

Decisions by the Board of Review shall not be subject to further administrative review.