The lawful use of an existing building on the
effective date of this chapter or authorized by a building permit
issued prior thereto may be continued even though such use does not
conform to the provisions of this chapter.
Although a legal nonconforming use may be extended
within an existing building in which it was the principal occupant,
it shall not be extended to displace a conforming residential use
nor shall the building or structure housing the nonconforming use
be enlarged.
A nonconforming use may be changed to a conforming use, or whenever a district shall hereafter be changed, a then nonconforming use in such changed district may be continued or changed to a conforming use. In addition, a nonconforming use may be changed to such other use, permitted in this chapter, as the Town Board may allow as a special use pursuant to Article XI hereof.
Whenever a nonconforming use has been abandoned
or changed to higher classification or a conforming use, such shall
not thereafter be changed to a nonconforming use or lower classification.
In any district, whenever a nonconforming use
of land, premises, building or structure, or any part or portion thereof,
has been discontinued for a period of two years, such nonconforming
use shall not thereafter be reestablished, and all future use shall
be in conformity with the provisions of this chapter. Such discontinuance
of this active and continuous operation of such nonconforming use,
or a part or portion thereof, for such period of two years is hereby
construed and considered to be an abandonment of such nonconforming
use, regardless of any reservation of an intent not to abandon same
or of an intent to resume active operations. If actual abandonment
in fact is evidenced by the removal of buildings, structures, machinery,
equipment and other evidences of such nonconforming use of the land
and premises, the abandonment shall be construed and considered to
be completed within a period of less than two years, and all rights
to reestablish or continue such nonconforming use shall thereupon
terminate.
No nonconforming building which has been damaged
by fire or other causes to the extent of more than 50% of its value
shall be rebuilt or repaired, except in conformance with the regulations
of this chapter.
Whenever the boundaries of a district shall
be changed so as to transfer an area from one district to another
district of a different classification, or whenever the text of this
chapter shall be changed with respect to uses permitted in a district,
the foregoing provisions shall also apply to any nonconforming buildings
or uses therein.
Notwithstanding any other provisions of this
chapter, any farm operation and any farm structure formerly conducted
or used in any district or hereafter classified as R-A may be reestablished,
renewed or restored.
Nothing in this section shall prohibit the restoration
to a safe condition of any building, structure or portion thereof
declared unsafe by the Code Enforcement Officer.
In any R-12, R-L and R-A District any junk business,
auto-wrecking or dismantling enterprise or storage of motor vehicles
which do not qualify for New York State inspection stickers may be
continued for a period of three years, provided that after the expiration
of such period, any such nonconforming use shall become unlawful use
and shall be terminated.[1]
