[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Except as otherwise provided in this article,
the lawful use of land or buildings existing at the date of the adoption
of this chapter, or any amendments thereto, may be continued although
such use or building does not conform to the regulations specified
by this chapter for the zone in which such land or building is located.
The following provisions shall, however, apply to all nonconforming
uses, lots or buildings:
A. A nonconforming lot shall not be further reduced in
size.
B. A nonconforming building shall not be enlarged, extended
or structurally altered unless such enlargement, structural alteration
or extension would reduce the degree of nonconformance.
C. A nonconforming use shall not be expanded.
D. A nonconforming use may be changed into a conforming
use. When a nonconforming use is changed to conform to the requirements
of this chapter, the use of the building or tract of land shall not
be changed again except in accordance with these regulations.
At any time after the effective date of this
chapter, upon the written request of the user of any structure or
premises or at the instance of the Building Inspector/Code Enforcement
Officer, an examination by the Building Inspector/Code Enforcement
Officer of any existing use shall be made. A report of the findings
made upon such examination shall thereafter be filed, together with
a certificate of nonconformance, which shall clearly describe the
premises and structure, if any, referred to and shall specify the
nature and extent of the existing use. Such certificate shall be prepared
in duplicate, one copy of which shall be maintained by the Building
Inspector/Code Enforcement Officer and one copy of which shall be
furnished to the owner or user.
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 one year, such nonconforming
use shall not thereafter be reestablished, and all future uses shall
be in conformity with the provisions of this chapter. Such discontinuance
of the active and continuous operation of such nonconforming use or
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 the same or of an intent
to resume active operations. If actual abandonment of the nonconforming
use of land and/or buildings is in fact evidenced by the removal of
buildings, structures, machinery, equipment or other evidences of
such nonconforming use, the abandonment shall be construed to be completed,
and all rights to reestablish or continue such nonconforming use shall
be terminated immediately.
[Amended 4-14-2003 by L.L. No. 2-2003]
A. A nonconforming structure which is damaged or destroyed
to the extent of more than 50% of its fair market value may be rebuilt
or restored within one year thereafter and such nonconforming use
continued therein; provided, however, that structures on premises
used solely for residential purposes, if damaged or destroyed, may
be rebuilt with the square feet of floor space being not more than
existed prior to the damage or destruction.
B. For the purposes of this section, a "nonconforming
structure" shall mean those with a preexisting and approved use under
the codes of the Town/Village. Structures with no such approval must
be rebuilt to the express purpose of the zoning classification of
record.
Whenever the boundaries of a district shall
be changed so as to transfer an area from one district to another
of a different classification, the foregoing provisions shall also
apply to any nonconforming uses existing therein or created thereby.
Nothing contained herein shall require any change
in the plans, construction or designated use of a building complying
with existing laws, a permit for which had been duly granted before
the date of adoption of this chapter or any applicable amendment thereto.