Unless otherwise provided for elsewhere in this
chapter, any use of land or structure, which use was lawful at the
time of the effective date of this chapter, may be continued; provided,
however, that such use shall have continued in operation, does not
constitute a nuisance and shall not be enlarged, altered or changed
in area, activity or content during its continuance, except as provided
otherwise by proper authority.
A. Any nonconforming use which has ceased its usual conduct
of such business for a period of six months or more shall be considered
to have terminated and may not thereafter commence operation.
B. Any use which was in violation of the Zoning Ordinance
of the Town of Gates, New York, effective February 5, 1963, shall
not be regarded as nonconforming under this chapter.
Nothing in this chapter shall prevent the restoration,
rebuilding or repairing of any nonconforming use, which structure
has been damaged by fire, acts of God or any act of a public enemy,
subsequent to the effective date of this chapter, provided that such
restoration or construction is commenced within six months after the
destruction and is completed within one year of the date of destruction.
For any structure containing a nonconforming use which is destroyed,
by any cause, to an extent exceeding 75% of its fair market value,
as indicated on the latest assessment records of the Town of Gates,
the future structure or use on the site shall conform to this chapter.
Nothing in this chapter shall prevent the renovation
or repair of nonstructural members or the maintenance of a nonconforming
structure made necessary by ordinary wear and tear.
Nothing in this chapter shall nullify any duly
issued building permits issued prior to the effective date of this
chapter, provided that work is commenced and diligently prosecuted
within one year from the date of issuance of such building permit.
No zoning permit or occupancy permit shall be
issued for any new land use activity where there is no reasonable
access from the lot or area upon which such activity is located to
an existing public street; provided, however, that this provision
shall not prohibit the continued use of any structure or lot as such
use existed at the effective date of this provision.