[1]
Editor's Note: The title of this article was
amended 6-7-2004 by L.L. No. 10-2004.
[Amended 7-6-1992 by L.L. No. 6-1992; 11-6-2000 by L.L. No.
3-2000]
Any nonconforming use existing at the time this
chapter becomes effective may be continued and any existing nonconforming
building or structure shall be permitted, and such nonconforming use
therein may be changed and such nonconforming building or structure
may be reconstructed or altered, subject to the following regulations
and limitations:
A.Â
The cost of such reconstruction or alterations made
in any such building or structure shall in no event exceed 50% of
the market value of such building or structure, calculated using New
York State Real Property Equalization Rates or Residential Assessment
Rates, as the case may be.
B.Â
No alteration to a nonconforming use, building, structure
or lot shall be permitted if it results in an enlargement of the nonconforming
condition or creates a new nonconforming condition.
[Amended 6-7-2004 by L.L. No. 10-2004; 7-11-2016 by L.L. No. 6-2016]
C.Â
Whenever a district shall hereafter be changed, any
then-existing nonconforming use therein may be continued or changed
to a use of a similar or higher classification, provided that all
other regulations governing the new use are complied with, and no
building or premises devoted to a use permitted in a district of lower
classification shall be changed to a use excluded in such district
of lower classification.
D.Â
Neither a nonconforming use nor a nonconforming building
or structure, if once changed to a permitted use or complying structure
in the district in which it is located or situate, shall be changed
back to a nonconforming use, building or structure.
E.Â
No nonconforming use which shall have been discontinued
for a period exceeding 12 months shall be resumed, nor shall it be
replaced by any other nonconforming use.
