A.
The lawful use of any land, buildings or structures,
or a part thereof existing at the time that this chapter or any subsequent
amendment becomes effective, may be continued, although such use does
not conform with the provisions of this chapter, except as provided
herein. The right to continue a nonconforming use is based on pecuniary
and economic loss and is inapplicable to an incidental use of property
for recreational, amusement or hobby purposes.
B.
The intent of this article is to limit, by not increasing,
nonconforming uses and to eliminate such uses as speedily as possible,
but at the same time to alleviate economic hardship to an existing
nonconforming use by allowing it to continue at its existing level
of intensity, in accordance with all other provisions of applicable
laws and regulations.
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.
A.
All alterations or extensions to a nonconforming building or structure shall comply with provisions of this chapter with respect to Article IV, Area and Bulk Regulations.
B.
Nothing contained herein shall prohibit the extension
of a permitted use to any portion of a nonconforming building or structure
which existed prior to the effective date of this chapter.
C.
Nothing herein shall prohibit normal repair and maintenance
or structural alteration of a nonconforming building, provided such
action does not increase or create any new nonconformity. Further,
any nonconforming building or structure declared unsafe by the Building
Inspector or other proper authority may be restored to a proper condition
within the time period provided by such authority.
A.
A building which is nonconforming under the previous
zoning ordinance and nonconforming under this chapter shall be permitted
to expand to an amount not exceeding 50% of the aggregate building
area as it existed on the effective date of the 1974 Zoning Ordinance,
established as October 2, 1974, except that no nonconforming building
shall be permitted to violate any other provisions of this chapter
relative to the district in which it is located.
B.
A building which became a nonconforming building as
a result of this chapter shall be permitted to expand to an amount
not exceeding 50% of the aggregate building area as it existed on
the effective date of this chapter, except that no nonconforming building
shall be permitted to violate any other provisions of this chapter
relative to the district in which it is located.
A.
Nothing contained in this article shall be deemed
to prevent the restoration of a lawful nonconforming use after damage
by any cause, provided that the bulk, height, and area shall not be
in excess of that which existed prior to the damage, that all applicable
New York State Uniform Fire Prevention and Building Code provisions
are fully complied with, and that the restoration is commenced within
one year of the damage and is fully completed within 18 months of
such damage.
B.
Nothing herein shall prohibit the restoration of a
dwelling unit which is nonconforming only with respect to bulk and
area regulations for the district in which it is located, except no
dwelling unit shall be altered, added to, or reconstructed to extend
further into an already deficient yard or to reduce an already deficient
amount of land area per dwelling unit.
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.
