The Town is authorized to regulate the change, alteration, reconstruction, reestablishment, extension, destruction and abandonment of nonconforming uses in accord with the New York State Town Law and general case law. The purpose of this Article
IV is to limit the injurious impact of nonconforming uses and/or structures on other adjacent properties within a particular district and the community as a whole, while recognizing that the change, alteration, reconstruction, reestablishment or extension of nonconforming uses and/or structures may not be contrary to the public interest or the general purpose of this chapter when failure to allow such change, alteration, reconstruction, reestablishment, or extension would itself lead to neighborhood or district deterioration.
Except as provided elsewhere in this Article
IV, any use of land or a building or structure or part thereof legal in accord with ordinances existing at the time that this chapter becomes effective may be continued so long as it remains otherwise lawful, although such building or use does not conform to the provisions of this chapter.
A nonconforming use may not be changed to a different nonconforming
use. Once changed to a conforming use, no building or land shall be
permitted to revert to a nonconforming use. Whenever a nonconforming
use has been discontinued for a period of one year, such nonconforming
use shall not thereafter be reestablished, and any future use shall
be in conformity with the provisions of this chapter.
A preexisting nonconforming sign may be continued so long as
it is maintained in good condition. It may not, however, be replaced
by another nonconforming sign. It may not be structurally altered
so as to prolong the life of the sign. It may not be reestablished
after damage or destruction if the Code Enforcement Officer determines
that the estimated cost of reconstruction exceeds 50% of the estimated
replacement cost; provided, however, that it may be replaced so long
as all applicable approvals are obtained and so long as such sign
is otherwise in compliance with all applicable laws if intentionally
damaged or destroyed by person(s) who are proven to be unconnected
to the owner(s) of the sign.
Subject to §
250-25, any lot that does not meet the minimum area, width or yard requirements of this chapter, but which was a legal lot of record immediately prior to the effective date of this chapter, shall be considered to be a legal lot under this chapter; provided, however, that any such substandard lot must conform to and comply with all New York State Health Department requirements, as certified by a professional engineer licensed to practice in the State of New York. Adjacent substandard lots may be combined by making and recording of a single deed in order to meet the minimum lot size requirement.
Nothing herein contained shall require any change in plans,
construction or designated use of a building for which a building
permit has been heretofore issued and the construction of which shall
have been diligently prosecuted within three months of the date of
such permit, so long as the ground-story framework of which shall
have been completed within six months of the date of the permit, and
so long as the entire building shall be completed according to such
plans as filed within one year from the effective date of this chapter.
Any manufactured home lawfully existing on the effective date
of this chapter and used or occupied as a dwelling may continue to
be so used or occupied and may be replaced by manufactured homes that
comply with then-current applicable federal and state building standards.
In the event an application is made to the Board of Appeals for a variance to enlarge or alter a nonconforming use, the Board shall apply the same criteria in determining the matter as would be applicable if the application had been made for property that was otherwise conforming. For example, if the application is to enlarge a building that already encroaches on a required side yard, the Board shall use the criteria applicable to considering an area variance. If the application is to change the use to another nonconforming use (which is not permitted by virtue of §
250-25 above), the Board shall use the criteria applicable to considering a use variance.