Any lawful building, structure or use of premises
existing at the time of enactment of this chapter, or any subsequent
amendment thereof applying to such building, structure or use of premises,
may be continued although such building, structure or use of premises
does not conform to the provisions thereof, except as follows:
A. Any sign which becomes nonconforming upon the date
of enactment of this chapter shall be removed or altered so as to
conform within three years after such date of enactment, except that
existing signs on the property of a legal nonconforming use may be
continued if they conform to signs in the district where such use
is permitted.
B. Any undeveloped lot in a subdivision which was not
properly approved by the Planning Board and/or not filed in the office
of the County Clerk and whose area and/or depth is less than the specified
minimum lot requirements and average density requirements of this
chapter shall be considered a violation of this chapter.
[Amended 6-5-1995 by Ord. No. 9-95]
A building or structure of nonconforming use
may be repaired or restored to a safe condition. Any such repair or
restoration shall be subject to the following provisions:
A. Such repair or restoration shall be permitted only
upon the same lot as was in existence on the date the use became nonconforming.
B. Any increase in the volume, area or extent of the
nonconforming use shall not be permitted.
C. If a structure has been damaged or destroyed to the
extent of more than 75% of its assessed value, repair or reconstruction
of the structure shall be prohibited except in compliance with all
currently effective zoning regulations, as well as the provisions
of the New York State Uniform Fire Prevention and Building Code.
D. Under no circumstances shall "repaired or restored" be construed to include the total demolition and rebuilding of a structure. In such an instance, the provisions of Subsection
C above shall apply.
Any building or structure for which construction
was begun prior to the effective date of this chapter, or any subsequent
amendment thereof applying, may be completed and used in accordance
with the plans and specifications for the building or structure.
No lot shall be reduced in area so that it creates
a nonconforming bulk or use in violation of any regulations contained
in this chapter.