The following provisions shall apply to all buildings, structures
and uses existing on the effective date of this chapter, to all buildings
and uses that may become nonconforming by reason of any subsequent
amendment to this chapter and the Zoning District Map which is a part
thereof, and to all conforming buildings housing nonconforming uses.
A.
Any lawful nonconforming use of buildings or open land in existence
on the effective date of this chapter may be continued indefinitely
if maintained in accordance with all applicable codes, ordinances,
regulations and other requirements, but:
(1)
Shall not be enlarged or extended by more than 50%, altered, reconstructed
or restored, except as provided in this section, or placed on a different
portion of the lot or parcel of land occupied by such use on the effective
date of this chapter, nor shall any external evidence of such use
be substantially increased by any means whatsoever.
(2)
Shall not be moved to another location where such use would be nonconforming.
(3)
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, is of the same or a more restricted
nature.
(4)
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 calendar year or longer or has been changed to or replaced
by a conforming use for any period of time, with the intent to resume
a nonconforming use not conferring the right to do so.
B.
While a nonconforming use may not be extended, nothing contained herein shall prohibit the extension of a lawful use to any portion of a nonconforming structure which existed prior to the effective date of this chapter. Further, nothing contained herein shall prohibit the replacement of any mobile home legally existing in the Town of Stockport at the time of adoption of this chapter, provided that the replacement structure is in full compliance with the specific standards established in § 120-39B(1) through (4), which compliance shall be reviewed in accordance with the special use permit procedure stated within Article V. No nonconforming use shall, however, be extended to displace a presently conforming use.
Nothing contained in this section shall be deemed to prevent
normal repair and maintenance of or structural alteration within a
nonconforming structure, provided that such action does not increase
the degree of or create any new nonconformity. Further, any nonconforming
structure declared unsafe by the Code Enforcement Officer or other
proper authority may be restored to a proper condition within the
time period provided by such authority.
Nothing contained in this section shall be deemed to prevent
the restoration of a lawful nonconforming use, after damage for any
reason or by any cause, provided that the bulk, height and area shall
not be in excess of that which existed prior to damage, that all applicable
New York State Uniform Fire Prevention and Building Code provisions
be fully complied with and that the restoration be commenced within
six months of the damage and be fully completed within two calendar
years of such occurrence.
In districts where new mobile homes are not allowed, a mobile
home inhabited as of the effective date of this section shall be deemed
a lawful, nonconforming use, provided that it continues to be at the
same location it occupies on the effective date of this section. A
mobile home that has been abandoned for more than two years in a district
that does not allow new mobile homes shall not be replaced.
