Nonconforming uses are declared by this ordinance to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure, structure and land or water in combination shall not be extended or enlarged after the adoption of this ordinance.

To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction or designated use of any building on which a building permit has been issued prior to the adoption of this ordinance. If actual construction has not begun within six (6) months of the date of issuance of the permit, such permit shall become invalid and shall not be renewed except in conformity with this ordinance.

Where open land, e.g., land not enclosed by buildings, is being used for nonconforming use, such use shall not be extended or enlarged either on the same or adjoining property.

Except as otherwise provided herein, the lawful use of a building existing at the effective date of this ordinance may be continued even though such use does not conform to the provisions hereof.

(A)

No building or portion thereof, used in whole or part for a nonconforming use, which remains idle or unused for a continuous period of one (1) full calendar year, whether or not the equipment or fixtures are removed, shall not be used again except in conformity with the regulations of the zoning district in which it is located.

(B)

The removal of a nonconforming mobile home from any district, except where such use is permissible by this ordinance, shall no longer be deemed a nonconforming use. The placement or replacement of a mobile home shall not be permitted unless a conditional use permit has been granted by the planning and zoning board in compliance with article 5, section 5.03 of this ordinance.

(C)

The non-conforming use of a shipping container shall be considered grandfathered if such grandfathering is requested in writing before January 30, 2013. The written request shall be submitted to the Code Enforcement Department and shall include a detailed description of the container(s), their location, and materials stored. Notwithstanding, the grandfathering of a shipping container shall not survive the chance in ownership of a property.

(Ord. No. 2012-04, § 4, 1-23-12)

(A)

No building which has been damaged by any means to an extent of more than sixty (60) percent of the fair market value of the building immediately prior to damage, shall be restored except in conformity with the regulations of this ordinance, and all rights as a nonconforming use are terminated. If a building is damaged by less than sixty (60) percent of the fair market value, it may be repaired or reconstructed and used as before the time of damage, provided that such repair or reconstruction be substantially completed within twelve (12) months after the date of such damage.

(B)

Buildings in existence or with approved construction permits, on or before the effective date of this amendment, may be completed, repaired, or rebuilt to a height not to exceed the previously existing height provided that:

(1)

The reconstruction does not result in an increase in the nonconformity of the lot area, yards, setbacks or density; and

(2)

The number of dwelling units in such reconstructed structure does not exceed the number of units in existence at the time of damage or destruction.

(Ord. No. 2021-08, § 2M, 6-14-21; Ord. No. 2021-20, § 2K, 9-27-21)

(A)

In any zoning district in which single-family dwellings or mobile homes are permitted, such a use and customary accessory uses may be erected, expanded, or altered on any single lot of record, which was recorded on or before October 8, 1974 even though such lot failed to meet the requirements for area or width, or both that are generally applicable in the zoning district, provided that yard dimensions and requirements other than those applying to area or width, or both of the lot shall conform to the regulations for the zoning district in which such lot is located.

(B)

In any zoning district, a conforming use or structure on a nonconforming lot of record which was so recorded on or before the effective date of adoption of the ordinance may be expanded or altered provided other requirements of the ordinance are met. After the effective date of adoption of the ordinance, no lot or parcel in any district shall be so divided as to create a lot with area or width below the requirements of the ordinance; and no lot or parcel or portion of a lot or parcel shall be used or sold in a manner which diminishes compliance with lot area and width requirements established by the ordinance.

(Ord. No. 2017-03, § 2, 1-23-17)

If characteristics of use such as off-street loading, or other matters pertaining to the use of land, structures, or premises are made nonconforming by this ordinance as adopted or amended, no change shall thereafter be made in such characteristics of use which increases nonconformity with the regulations set out in this ordinance; provided, however, that changes may be made which do not increase, or which decrease, such nonconformities.

On any nonconforming structure or portion of a structure and on any structure containing a nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of fifteen (15) percent of the current just value of the structure (or of the nonconforming portion of the structure if a nonconforming portion of the structure is involved), provided that the cubic content of the structure existing after the date it became nonconforming shall not be increased.

If a nonconforming structure or portion of a structure or any structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs or maintenance and is declared by any duly authorized official of Nassau County, to be an unsafe building or structure, it shall not thereafter be resolved, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.