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:
[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.
