[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.
A. 
Any building damaged by fire or other unintentional causes to the extent of 50% or more of its fair market value shall not be repaired or rebuilt except in conformance with this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
If a building is damaged by less than 50% of its fair market value, it may be repaired or reconstructed and used as before the time of damage, provided that such repairs or reconstruction shall be substantially completed within 12 months of the date of such damage.
C. 
Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any wall or roof which has been declared unsafe by the Building Inspector/Code Enforcement Officer.
D. 
Normal maintenance repairs and incidental alteration of a building or other structure containing a nonconforming use shall be permitted, provided that they do not extend the area or volume of space occupied by the nonconforming use.
E. 
Any building which is nonconforming due to insufficient yard distances or lot area shall not be considered a nonconforming use. Any alterations or structural changes may be accomplished within the existing frame of said building, but any additions shall conform to the specific setback and yard distance requirements of this chapter.
[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.