Any lawful nonconforming use of buildings or land in existence on the effective date of this chapter, except as disallowed by §
250-80, may be continued indefinitely if maintained in accordance with all other applicable codes, laws, regulations, and other requirements, but:
A. Shall not be enlarged or extended, or placed on a
different portion of the lot or parcel of land occupied by such use
on the effective date of this chapter, except as provided in this
article. For the purpose of this section:
(1) Any additional commercial accessory uses shall constitute
such extension, and are prohibited.
(2) Where no building is involved, the nonconforming use
of the land may not be extended to occupy a greater area of land,
or to include more intensive use of the same area of land, than occupied
on the effective date of this chapter.
B. Shall not be moved to another location where such
use would be nonconforming.
C. Shall not be changed to another nonconforming use
without prior approval by the Zoning Board of Appeals, and then only
to a use which, as determined by the Zoning Board of Appeals, maintains
or reduces the nonconformity. Such change of nonconforming use approval
by the Zoning Board of Appeals shall be prior to any other approvals
required by the Planning Board.
D. Shall not be reestablished if such use has been discontinued
for any reason, whether through vacancy or cessation of use, for a
period of one year or longer, or has been changed to, or replaced
by, a conforming use for any period of time. The intent to resume
a nonconforming use does not confer the right to do so.
E. Shall be subject to all administration and enforcement
provisions of this chapter, including but not limited to inspections,
issuance of orders to remedy, stop orders and appearance tickets.
Nothing herein shall prevent the use of a nonconforming lot, as defined in Article
VIII, provided it meets all applicable building codes, Health Department regulations, and other requirements of this chapter (see also §
250-18).
Any building, the construction of which has
been started pursuant to a validly issued building permit before the
effective date of this chapter or any amendment thereto, may be completed
in accordance with approved plans on file with the Building Inspector,
provided that all other required permits and approvals have been issued
prior to the effective date and such construction is diligently pursued
and the building is completed within two years of the effective date
of this chapter or subsequent amendment.
All appeals for relief under this article shall be heard by the Zoning Board of Appeals, in accordance with the provisions of §
250-98 of this chapter, except where another local law specifically requires permit application or renewal by the Town Board or the Planning Board for a particular use, whether permitted or nonconforming, in which case all questions shall be decided by the board so designated in such local law.