A. 
Continuation.
(1) 
Any nonconforming use which existed lawfully at the date of enactment of this chapter may be continued, subject to the following provisions.
(2) 
Gas stations, automobile sales and automobile service uses located in the Core Commercial District and the Hamlet Mixed Use District which existed lawfully at the date of enactment of this chapter shall be deemed conforming and not subject to discontinuance.
B. 
Expansion. A nonconforming use which existed lawfully prior to adoption of this chapter may be expanded within any portion of an existing structure in which it is located. A nonconforming use shall not be expanded beyond the area of the existing structure in which the use is located. Any deviation requires a use variance and, if required by the terms of the variance granted, site plan review and approval by the Planning Board.
C. 
Changes. A nonconforming use shall not be changed to any other nonconforming use; nor shall a nonconforming use be modified unless such modification results in a conforming use.
D. 
Discontinuance.
(1) 
If a nonconforming use is discontinued for a period of 12 consecutive months, such nonconforming use shall expire and be deemed abandoned unless discontinuance is in compliance with Subsection E; and any subsequent use on the same lot shall conform to the use regulations of the district in which it is located.
(2) 
The burden of proving continuance of use shall be on the property owner by clear and convincing evidence.
(3) 
Single-family dwellings shall be deemed conforming and shall not be subject to the discontinuance provision stated above and shall not expire.
E. 
Restoration.
(1) 
If any building or structure in which a nonconforming use is conducted is hereafter removed voluntarily, or destroyed by fire, wind, explosion, structural failure or other natural cause, up to the extent of 75% of its fair market value at the time of such damage, or voluntary removal, as determined by an independent appraisal, the structure may be reconstructed or restored and the nonconforming use continued.
(2) 
Such restoration or reconstruction must not enlarge the structure beyond the original dimensions unless granted a use variance from the Zoning Board of Appeals and, if required by the terms of the variance granted, site plan review and approval by the Planning Board.
(3) 
A valid building permit must be obtained within one year of the removal or destruction of the original structure and construction shall be complete within one year of the issuance of a valid building permit. A one-year extension within which to complete the project and obtain a certificate of completion may be granted by the Zoning Board of Appeals.
F. 
Removal. If any building in which any nonconforming use is conducted is hereafter removed, the subsequent use of the land on which such building was located and the subsequent use of any building erected thereon shall conform to the regulations of the district.
A. 
Continuation.
(1) 
Any nonconforming building or structure which existed lawfully at the time of adoption of this chapter may be maintained.
(2) 
Any building or structure for which a valid building permit was lawfully issued prior to the adoption of this chapter may be completed and used in accordance with the plans and specifications provided that the building or structure shall be completed and a land use and development permit issued within one year with a one-year extension granted by the Zoning Administrator.
B. 
Modification and replacement.
(1) 
Modification.
(a) 
A nonconforming building or structure shall be maintained in such condition as will not constitute a danger to the health, safety, or general welfare of the public.
(b) 
A nonconforming building or structure shall not be added to, enlarged, reconfigured or altered in any manner which increases its nonconformity.
(2) 
Replacement. A nonconforming building or structure may be replaced on its identical footprint, within 24 months after its removal, so long as it is not added to, enlarged, reconfigured or altered in any manner or in a way which increases its nonconformity. After 24 months, such nonconforming structure may not be rebuilt on the same footprint but must conform to the regulations of the district in which it is located.
A. 
A permitted use or structure may be constructed or located on any nonconforming lot provided that all other dimensional requirements for that use or structure in that district are met.
B. 
In instances where an existing lot of record is nonconforming relative to lot size, an area variance to waive the lot size requirement is not required in order for a building permit to be secured. However, any new construction on a nonconforming lot must comply with all other applicable dimensional requirements.
C. 
Buildings and structures located on nonconforming lots may be moved, expanded, enlarged or replaced as long as such change complies with all of the other dimensional requirements of the district in which it is located.
A. 
Purpose. The Town of Warrensburg acknowledges that amending land use regulations may cause certain uses, structures, and/or lots to become nonconforming. The following process provides a means by which a landowner or business owner may document the nonconforming status of a use, structure, or lot.
B. 
Procedure.
(1) 
Application for documentation of nonconforming status shall be made to the Zoning Administrator and shall include:
(a) 
Submission of a written application on a form provided by the Zoning Administrator.
(b) 
Payment of the application fee; this fee shall be waived if the applicant submits the application within 18 months of the adoption of this chapter.
(c) 
Proof that the use, structure, or lot was established prior to the effective date of this chapter. The applicant may submit to the Zoning Administrator pictures, financial evidence, sworn statements or any other documentary evidence.
(d) 
The Zoning Administrator shall refer the application to the Zoning Board of Appeals with a recommendation stating whether or not the nonconformity was legally established prior to the adoption of this chapter.
(2) 
The Zoning Board of Appeals shall make a determination as to the prior legal nonconforming status of the use, structure, or lot. The Zoning Board of Appeals shall make its determination, whether the use, structure, and/or lot is entitled to prior nonconforming status based upon all of the information provided, which may include documentary evidence submitted, site inspections, interviews with the applicant or any other persons, or any other information that can reasonably be considered relevant.
(a) 
The Zoning Board of Appeals may hold a public hearing to gather addition information and evidence relevant to the prior nonconforming status of the uses, structures, and/or lot. If a public hearing is held, it shall be held within 45 days of the first meeting of the Zoning Board of Appeals, following the referral from the Zoning Administrator.
(b) 
The determination of the Zoning Board of Appeals shall be made within 45 days of the referral from the Zoning Administrator or within 45 days of the close of the public hearing if a hearing is held, unless said time periods are extended by mutual agreement between the applicant and the Zoning Board of Appeals.
(c) 
A copy of the determination of nonconforming status shall be mailed to the applicant and recorded with the Zoning Board of Appeals Clerk and filed in the office of the Zoning Administrator.
(3) 
A positive determination of nonconforming status by the Zoning Board of Appeals shall create a conclusive presumption of legal nonconforming status.
C. 
Veracity. The filing or submittal of false information, or information that is patently misleading, with the Zoning Administrator or the Zoning Board of Appeals, as it pertains to any material matter before the Zoning Board of Appeals, shall be a violation of this chapter.