[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR28.11]

[Page 257]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 28_FIRE ISLAND NATIONAL SEASHORE: ZONING STANDARDS--Table of Contents
 
      Subpart B_Federal Standards and Approval of Local Ordinances
 
Sec. 28.11  Nonconforming uses.

    (a) Any use or structure lawfully existing under local law as of 
October 17, 1984 and rendered nonconforming by adoption of the federal 
standards may continue, subject to the provisions of this section, and 
will not lose its exemption from condemnation, if otherwise eligible.
    (b) Change in nonconforming uses. (1) No nonconforming development 
or use may be altered, intensified, enlarged, extended, or moved except 
to bring the use or structure into conformity with the approved local 
zoning ordinance.
    (2) A nonconforming use which has been abandoned for more than one 
(1) year may not be resumed or replaced by another nonconforming use or 
structure.
    (3) A nonconforming use in the Dune District may be moved to bring 
it into conformity with the approved local zoning ordinance.
    (c) Reconstruction of nonconforming uses. If a nonconforming use or 
structure is severely damaged (as determined by fair professional 
insurance practices), destroyed or rendered a hazard, whether by fire, 
natural disaster, abandonment or neglect, no alteration, 
intensification, enlargement, reconstruction, extension, or movement is 
allowable without compliance with the following conditions:
    (1) No use or structure within the Seashore built in violation of a 
local ordinance when constructed may be reconstructed except in 
compliance with the approved local zoning ordinance.
    (2) Local building permit applications for reconstruction shall be 
filed with the appropriate zoning authority within one (1) year of the 
damage, destruction, or abandonment.
    (3) A commercial or industrial use may not be reconstructed without 
the approval of the local zoning authority and review by the 
Superintendent.
    (4) A nonconforming use in the Community Development District or in 
the Seashore District (i.e. ``improved property'') may be reconstructed 
to previous dimensions. It may not be altered, enlarged, intensified, 
extended, or moved except to bring the use or structure into conformity 
with the approved local zoning ordinance.
    (5) A nonconforming use in the Dune District may be reconstructed if 
it can conform to the approved local zoning ordinance and lie north of 
the crest of the dune at the time of reconstruction.