Any use which is made nonconforming by any use regulation of this chapter or by any subsequent amendments thereto may be continued, except as hereinafter provided.
Any nonconforming use, including but not limited to automotive use areas, junkyards and lumberyards, shall be fenced or screened by a solid barrier constructed in its entirety of a uniform material normally used for said purposes, not less than seven feet in height and shall be set back at least 25 feet from any public right-of-way.
Any nonconforming use may be changed to any other use permitted in the district in which it is first permitted; provided, however, that no nonconforming residential dwelling or dwelling unit situated in an M District shall be altered, enlarged or changed in such manner as to create additional nonconforming dwelling units. Once a nonconforming use is changed to a conforming use or to a more restricted use, such use thereafter shall not revert to a less restricted use.
Such nonconforming use shall not be enlarged or extended, except that in any R-2A, C or M District any nonconforming building may be enlarged to an extent not exceeding 25%, in the aggregate, of the gross floor areas devoted to such nonconforming use. In no case shall such enlargement extend beyond the lot occupied by such nonconforming use or violate any height, yard, parking area or other open space requirement of this chapter. When the total of all enlargements equals 25% of the gross floor area existing at the time such use became a nonconforming use, no further enlargements shall be permitted.
A. 
Nothing herein shall be deemed to prevent normal maintenance of a building or other structure containing a nonconforming use, including nonstructural repairs and incidental alterations not extending the nonconforming use.
B. 
No structural alterations shall be made in a building or other structure containing a nonconforming use except:
(1) 
When required by law.
(2) 
To restore to a safe condition any building or structure declared unsafe by the Building Inspector.
(3) 
To accomplish permitted enlargements.
(4) 
To accomplish a change to a conforming use or to a more restricted use.
[Amended 10-9-1989 by L.L. No. 4-1989]
Such nonconforming building or other structure which has been damaged or destroyed by any means to the extent of 80% or more of its full value, as determined by a Village Building Inspector, or which has been condemned by the Building Inspector and ordered to be demolished shall not be rebuilt or repaired except in conformance with the regulations of this chapter. In the case of a permitted restoration of a nonconforming use, neither the floor area nor the cubical content shall be increased from the original nonconforming building or other structure. Full value shall be determined by dividing the latest assessment of such improvement by the latest state equalization rate expressed as a percentage.
In any district, whenever a nonconforming use of land, building or other structure or any part or portion thereof has been discontinued for a period of one year, 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 the active and continuous operation of such nonconforming use or a part or portion thereof for such period of one year 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, other structures, machinery, equipment or other evidences of such nonconforming use of the premises, the abandonment shall be construed and considered to be completed upon such abandonment and all rights to reestablish or continue such nonconforming use shall thereupon terminate.
The following nonconforming uses may be continued for a period of three years, provided that after the expiration of such period any such nonconforming use shall become an unlawful use and shall be terminated:
A. 
In any R District any nonconforming use not in an enclosed building, including but not limited to junk business, auto wrecking and dismantling and the storage of motor vehicles which do not qualify for a New York State motor vehicle inspection sticker.
B. 
In any R District, the parking or storage of equipment or commercial vehicles exceeding three-fourths-ton rated capacity, if not stored within a completely enclosed building.
C. 
In any R District, a nonconforming sign, or a nonconforming building or other structure with an assessed value under $500.
D. 
In any R District, the harboring of animals other than household pets.
A. 
Continuation. Any building, other structure or use of land which is made nonconforming by any lot size, open space, height or building size regulations of this chapter, or by any subsequent amendments thereto, may be continued, except as hereinafter provided.
B. 
Enlargement or extension. Such nonconforming building, other structure or use of land may be enlarged or extended, provided that any such enlargement or extension shall comply with the regulations of this chapter.
C. 
Repair or alteration. Such nonconforming building or other structure may be repaired or structurally altered, provided that alterations creating enlargements or extensions shall conform to the regulations of this chapter.
D. 
Restoration. Such nonconforming building or other structure which has been damaged or destroyed by any means to the extent of 90% or more of its full value, as determined by the Village Assessor, or which has been condemned by the Building Inspector and ordered to be demolished shall not be rebuilt or repaired except in conformance with the regulations of this chapter. In the case of a permitted restoration of any such nonconforming use, the degree of nonconformance of the original building or other structure shall not be increased. Full value shall be determined as in § 350-50.