A. 
This article regulates and limits the continued existence of uses, structures or other improvements established prior to the effective date of this chapter that do not conform to the regulations of this chapter applicable in the zoning districts in which such nonconformities are located.
B. 
The zoning districts established by this chapter are designed to guide the future use of the Town's land by encouraging the development of desirable residential, commercial and industrial uses with appropriate groupings of compatible and related uses and thus to promote and protect the public health, safety and general welfare.
C. 
The continued existence of certain nonconformities is frequently inconsistent with the Comprehensive Plan, and thus the gradual elimination of such nonconformities is desirable.
D. 
The regulations of this article are intended to restrict further investments that would make nonconformities more permanent in their location in inappropriate districts or locations as well as to discourage the reuse of those other nonconformities that do not contribute to a neighborhood and are inconsistent with the goals of the Comprehensive Plan. It is the intent of these regulations to discourage nonconformities and ultimately allow their discontinuance, particularly nonresidential uses existing in residential districts.
A. 
Authority. Any lawfully existing nonconforming use may be continued so long as it remains otherwise lawful, subject to the regulations contained in this section. Ordinary repair and maintenance or replacement of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing may be performed. No nonconforming use may continue as another or different nonconforming use under any circumstances.
B. 
Structural alteration or enlargement. No structure shall be structurally altered or enlarged unless the use thereof shall thereafter conform to the use regulations of the zoning district in which it is located. No parking, yard, space or bulk nonconformity may be created or increased.
C. 
Damage or destruction.
(1) 
When a structure is damaged or destroyed, by any means not within the control of the owner, to the extent of more than 50% of the cost of replacement of the structure new, the structure shall not be restored unless its use thereafter conforms to the use regulations of the zoning district in which it is located. In addition, no parking, yard, space or bulk nonconformity may be created or increased.
(2) 
When a structure is damaged or destroyed by any means not within the control of the owner thereof to the extent of 50% or less of the cost of replacement of the structure new, repair or restoration of such structure may be made; provided, however, that:
(a) 
No parking, yard, space or bulk nonconformity is created or increased.
(b) 
A building permit is obtained and restoration is actually begun within six months and completed one year after the date of such partial damage or destruction.
(3) 
In no event shall any damage or destruction to such a structure by means within the control of the owner be repaired or restored except in accordance with this chapter.
(4) 
The determination of the extent of damage as it is related to the associated cost for repair and replacement shall be made and shall be in the sole reasonable discretion of the Codes Enforcement Officer. The CEO may consult with relevant professionals to make this determination.
(5) 
The provisions of Subsection C(1) shall not apply to residential-based uses. In such instances, when a legal, nonconforming residential-based use is damaged or destroyed by means not within the control of the owner, to the extent of more than 50% of the cost of the replacement of the structure new, the owner may restore the structure for its previous residential-based use, provided that a building permit is obtained and restoration is actually begun within one year after such damage or destruction. However, such use shall not be increased.
D. 
Moving. No nonconforming structure or use of land shall be moved, in whole or part, for any distance whatsoever, to any other location on the same or any other lot, unless the entire structure and/or use conforms to all regulations of the zoning district in which it is located after being so moved.
E. 
Expansion of use. No use shall be expanded or enlarged or increased in intensity in any manner whatsoever. Such prohibited activity shall include, but shall not be limited to:
(1) 
Expansion of such use to any structure or land area.
(2) 
Expansion of such use within a building or other structure to any portion of the floor area that was not occupied by such legal nonconforming use on the effective date of this chapter, or any amendment to this chapter, which causes such use to become nonconforming.
(3) 
An extension or change of the hours of operation of such use beyond the previously existing legal hours of operation at the adoption of this chapter.
(4) 
This Subsection E shall not apply to the expansion of legal nonconforming uses subject to a previously approved New York State permit for mining operations.
F. 
Change in use.
(1) 
A nonconforming use in a structure designed for a use permitted in the district in which it is located shall not be changed to any use other than a use permitted in the zoning district in which the property is located.
(2) 
Once changed to a permitted use in accordance with Subsection F(1), above, the use shall not be changed back to a nonconforming use. The use is changed when a new use (either in whole or in part) commences and continues for any period of time, including any change of use in violation of this subsection.
G. 
Abandonment or discontinuance.
(1) 
When the active operation of a nonconforming use is discontinued or abandoned for a period of one year/12 months, regardless of any intent to resume or not to abandon the use, the use shall not be reestablished or resumed. The active operation of a use shall be the typical or normal activities associated with the use. Any subsequent use or occupancy of such land or structure shall comply with the use regulations of the zoning district in which such structure is located.
(2) 
For the purpose of this section, the following circumstances, which shall not be exclusive, shall contribute towards evidence of discontinuance or abandonment of a use:
(a) 
Failure to maintain regular business hours, typical or normal for the use (past operations of the use and/or industry standards may be used to determine typical or normal hours); or
(b) 
Failure to maintain equipment, supplies or stock-in-trade which would be used for the active operation of the use; or
(c) 
Failure to maintain utilities which would be used for the active operation of the use; or
(d) 
Failure to pay taxes, including, but not limited to, sales taxes, workers' compensation taxes, property taxes, corporate taxes, etc., that would be required for the active operation of the use; or
(e) 
Failure to maintain required local, state or federal licenses or other approvals that would be required for the active operation of the use.
(3) 
The legality of one or more nonconforming uses located within a property shall not affect the determination that another nonconforming use on the same property has been discontinued or abandoned.
(4) 
An owner or operator shall have the opportunity to submit any evidence or proof that the property and its use has not been discontinued or abandoned. The CEO shall then issue a letter of determination based upon the evidence of any of the above circumstances or other relevant evidence that a nonconformity has continued, been discontinued or abandoned.
H. 
Nonconforming accessory uses and structures. No use, structure or sign that is accessory to a principal nonconforming use or structure shall continue after such principal use or structure shall have ceased or terminated.
(AML § 305-a may affect some of these provisions if a farm structure within a zoning district is nonconforming and the parcel of land is located within an Agricultural District.)
A. 
Continuance. Any nonconforming structure which is devoted to a use which is permitted in the zoning district in which it is located may be continued so long as it remains otherwise lawful, subject to the restrictions in this section.
B. 
Repair or alterations. Any nonconforming structure may be maintained, repaired or altered, provided no additional nonconformity is created or the degree of the existing nonconformity is not increased.
C. 
Damage or destruction.
(1) 
In the event that any part of a nonconforming structure which contributed to its nonconformity is damaged or destroyed, by any means, to the extent of more than 50% of the cost of replacement of said part new, such part shall not be restored unless it shall thereafter conform to the regulations of the zoning district in which it is located. This provision shall not apply to preexisting residentially used structures, which shall be allowed to be repaired and restored only to the extent of the prior nonconformance, such that no additional nonconformity is created. Such repair and restoration shall commence within one year of the damage or destruction.
(2) 
When such a part of a nonconforming structure is damaged or destroyed, by any means, to the extent of 50% or less of the cost of replacement of such part new, no repairs or restoration except in conformity with the applicable zoning district regulations shall be made unless a zoning certificate is obtained and restoration is actually begun within six months after the date of such partial destruction and completed within one year.
(3) 
The determination of the extent of damage as it relates to the associated cost for repair and replacement shall be made and shall be in the sole reasonable discretion of the Codes Enforcement Officer. The CEO may consult with relevant professionals to make this determination.
D. 
Moving. No nonconforming structure shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.