Any use which is made a nonconforming use by this chapter or
by any subsequent amendments thereto may be continued, except as hereinafter
provided.
A nonconforming use may be changed to a use in the same use
group or in a use group with a lower number; provided, however, that
no nonconforming residential dwelling or dwelling unit situated in
an M District shall be altered, enlarged or changed in such manner
as to create additional nonconforming dwelling units. Once a nonconforming
use is changed to a conforming use or to a more-restricted use, such
use thereafter shall not revert to a less-restricted use.
Unless otherwise provided in this article, a nonconforming use
shall not be enlarged or extended, except that, in any C or M District,
any nonconforming 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 such enlargement extend beyond the lot occupied
by such nonconforming use nor violate any height, yard, parking area
or other open space requirements 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
nonconforming building or structure which has been damaged by fire
or other causes to the extent of 50% or more of its equalized assessed
value, as determined by a Town Assessor of the Town of North Collins,
shall be rebuilt or repaired except in conformance with the regulations
of this chapter. In such reconstruction, neither the floor area nor
the cubical content shall be increased from the original nonconforming
building.
In any district, whenever a nonconforming use of land, premises,
building or structure, or any part or portion thereof, has been discontinued
for a period of one year, such nonconforming use shall not thereafter
be 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, or a part or portion
thereof, 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.