The provisions of this chapter shall be subject to such exceptions,
additions or modifications as herein provided by the following general
supplementary regulations.
Except as hereinafter provided, the lawful use of any building
or land existing at the time of the enactment or amendment of this
chapter may be continued although such use does not conform with this
chapter.
A. Nonconforming lots. A nonconforming lot shall not be further reduced.
B. Nonconforming structures. A nonconforming structure or part thereof determined to be unsafe may be restored to a safe condition only to the extent of its prior nonconformity. A nonconforming structure may be enlarged, provided that the enlargement does not increase the nonconformity of the structure. For example, a structure nonconforming by reason of its nearness to a side lot line may be extended rearward, provided that the extension does not further reduce the side yard or extend into the require yard. This section shall not apply to nonconforming signs (see §
165-41D).
C. Nonconforming uses.
(1) A nonconforming use may be converted to a conforming use as a matter
of right.
(2) A nonconforming use may be enlarged by special permit only (see §
165-28) as long as:
(a)
The enlargement is in connection with the same business.
(b)
The enlargement is upon the same lot occupied by the use at
the effective date of this chapter.
(c)
The enlargement does not create a greater deviation from the
standards contained in this chapter.
(d)
The use conforms to such other conditions as may be deemed appropriate
by the Town Board.
[Amended 7-24-2014 by L.L. No. 1-2014]
(3) The right to continue a nonconforming use, once established and not
abandoned, runs with the land, and this right is not confined to any
one individual or corporation.
(4) A nonconforming building may not be reconstructed or structurally
altered during its life to an extent exceeding, in aggregate, a cost
of 50% of the assessed value of the building, unless said building
is changed to a conforming use.
(5) A nonconforming use discontinued for a period of one year or more
shall be considered abandoned and shall not be reestablished or revived
except by grant of a special use permit by the Town Board.
[Amended 9-25-1989 by L.L. No. 1-1989]