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.
A. 
Any building or land used for or occupied by a nonconforming use which is changed to or replaced by a conforming use shall not thereafter be used for or occupied by a nonconforming use.
B. 
If for a continuous period of two years either the nonconforming use of land with minor improvements is discontinued or the active operation of substantially all the nonconforming uses in any building or other structure is discontinued, such land or building or other structure shall thereafter be used only for a conforming use. Intent to resume active operation shall not affect the foregoing. The provisions of this subsection shall not apply if such discontinuance of active operations is directly caused by war, strike or other labor difficulties, a governmental program of materials rationing, or the construction of a duly authorized improvement project by a governmental body or a public utility company.
[Added effective 4-2-1975 by Ord. No. 75-5]
[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.
A. 
A nonconforming use of a building, structure or land or any portion thereof cannot be extended or expanded in any manner; provided, however, that such nonconforming use may be changed to a conforming use or to another nonconforming use more nearly conforming to the requirements of the district in which it is situated.
B. 
A nonconforming building or structure cannot be increased in size or area except in conformity with the provisions of this chapter.
C. 
A change of a nonconforming use to another nonconforming use as provided in Subsection A herein shall require a special use permit pursuant to and subject to § 350-53 of this chapter.
[Amended 2-6-1991 by Ord. No. 91-1]
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.
A. 
Any lot held in single and separate ownership prior to the adoption of this chapter and whose area and/or width and/or depth is less than the specified minimum lot requirements of this chapter for the district may be considered as complying with such minimum lot requirements and no variance shall be required, provided that:
(1) 
Such lot does not adjoin any other lot or lots held by the same owner whose aggregate area is equal to or greater than the minimum lot area required for that district.
(2) 
Such lot has an area of at least 5,000 square feet and a minimum width of at least 50 feet at the required setback line if it is to be used for residential purposes.
(3) 
The following minimum yard dimensions are maintained for residences:
(a) 
Side yards: eight feet.
(b) 
Front and rear yards: 25 feet.
(4) 
All other bulk requirements for that district are complied with.
B. 
In any district where residences are permitted, such undersized nonconforming lots may be used for not more than one single-family dwelling.
C. 
A lot of nonconforming size may be subdivided if each and every subdivision of such lot is purchased by the owner or owners of the adjoining properties to increase the size of said owner's or owners' property or properties.
D. 
The front yard of such lot will be considered that yard upon which the primary entrance to the dwelling faces.
[Added effective 2-6-1974 by Ord. No. 74-2]
E. 
Any application for a building permit for an existing undersized lot shall be referred to the Zoning Board of Appeals for approval prior to issuance of the building permit.
[Added 4-6-1988 by Ord. No. 88-4]
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.