A.
Except as otherwise provided in this article, the
lawful use of land or buildings existing at the date of the adoption
of this chapter 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; provided, however, that:
B.
Transference. Nonconforming use rights, subject to the provisions of this Article VIII, remain with the land when title is transferred.
C.
Discontinuance. 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 or for a total
of 16 months in any two-year period, 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 operation
of such nonconforming use or a part or portion thereof 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 in fact is evidence
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
and all rights to reestablish or continue such nonconforming use shall
thereupon terminate.
D.
Damage or destruction. No building damaged by fire or other cause to the extent of more than 50% of its fair market value, as determined by an independent expert opinion selected by the Zoning Board of Appeals at the building owner's expense, shall be repaired or rebuilt except in conformity with the regulations of this chapter and in compliance with the New York State Uniform Fire Prevention and Building Code, except as provided in § 148-44. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any wall, floor or roof which has been declared unsafe by the Enforcement Officer.
E.
Extension. A nonconforming use shall not be extended,
but the extension of a lawful use to any portion of a nonconforming
building which existed prior to the enactment of this chapter shall
not be deemed the extension of such nonconforming use.
F.
Unsafe structures. Any structure or portion thereof
declared unsafe by the Building Inspector or Fire Chief or other proper
authority, but not ordered to be demolished, may be restored to a
safe condition.
G.
Alterations. Unless a use variance has been granted
by the Board of Appeals, a building in which a nonconforming use is
located shall not be reconstructed or structurally altered to an extent
which would enlarge or expand such building beyond the square footage
occupied at the time this chapter or any amendment thereto becomes
effective.
H.
Changes. A nonconforming use shall not be changed to any other nonconforming use except by special permit authorized by the Zoning Board of Appeals (see § 148-54). Once changed to a nonconforming use, no building or land shall be permitted to revert to a nonconforming use unless a variance has been granted by the Zoning Board of Appeals.
I.
Amendments. 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 the uses permitted in a district,
the foregoing provisions shall also apply to any nonconforming use
thereby created.
Any building which contains a permitted use
but 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, or such building may be restored if damaged by fire
or by natural causes, but any additions shall conform to the specific
setback and yard distance requirements of this chapter. The use of
any such nonconforming building may be changed to any other permitted
use so long as the yard or lot area requirements are not greater.
A.
Notwithstanding other provisions of this Article VIII, any automobile wrecking yard or other junkyard and any billboard or advertising structure in existence in an LR, MR or HR District at the date of enactment of this chapter shall, at the expiration of three years from such date, become a prohibited and unlawful use and shall be discontinued.
