Any use which is made a nonconforming use by this chapter or
by any subsequent amendments thereto may be continued except as hereafter
provided.
No nonconforming residential dwelling shall be altered, enlarged
or changed in such a manner as to create additional nonconforming
dwelling units. Once a nonconforming use is changed to a conforming
use, such use shall thereafter not revert to a nonconforming use.
A nonconforming use shall not be enlarged or extended. However,
in any C District, any nonconforming use within a building may be
enlarged to an extent not exceeding 25% in the aggregate of the gross
floor area devoted to such nonconforming use. In no case shall enlargement
extend beyond the lot occupied by such nonconforming use nor violate
any height, yard, parking area or other open space requirement of
this chapter. When the total of all enlargements equals 25% of the
gross floor area existing at the time such use became a nonconforming
use, no further enlargements shall be permitted.
Unless granted a variance by the Zoning Board of Appeals, no
building or structure containing a nonconforming use which has been
damaged by fire or other causes to the extent of 75% or more of its
equalized assessed value, as determined by a Town Assessor of the
Town of Colden, shall be rebuilt or repaired except in conformance
with the regulations of this chapter. In such reconstruction, neither
the gross floor area nor the cubical content of a nonconforming use
shall be increased from the floor area or cubical content of the nonconforming
use prior to the time of damage.
In any district, whenever a nonconforming use of land, premises,
building or structure has been discontinued for a period of one year,
such nonconforming use shall not thereafter by reestablished and all
future use shall be in conformity with the provisions of this chapter.
Such discontinuance of the active and continuous operation of such
nonconforming use, for such period of one year, is hereby construed
and considered to be an abandonment of such nonconforming use, regardless
of any reservation of an intent not to abandon the same or of an intent
to resume active operations. If actual abandonment, in fact, is evidenced
by the removal of buildings, structures, machinery, equipment and
other evidences of such nonconforming use of the land and premises,
the abandonment shall be construed and considered to be completed
within a period of less than one year and all rights to reestablish
or continue such nonconforming use shall thereupon terminate. The
provisions of this section shall not apply to agricultural lands participating
in federal or state agricultural programs, nor shall they be construed
to interfere with normal agricultural practices of crop rotation.
The following nonconforming uses may be continued for a period
of three years, provided that after the expiration of such period
any such nonconforming use shall become an unlawful use and shall
be terminated:
A. In any R District and in the C District, a nonconforming use not
in an enclosed building, including but not limited to junkyards, auto
wrecking and dismantling and the storage of three or more motor vehicles
which do not qualify for a New York State motor vehicle inspection
sticker.
B. In any R District, a nonconforming sign or a nonconforming building
or other structure with an assessed value under $500.