A.
Purpose.
(1)
It is the purpose of this article to recognize that if, prior to the adoption of the original Town of Delaware Zoning Law, as amended, reenacted and replaced, property was used for a then lawful purpose or in a then lawful manner which the Zoning Law would render thereafter prohibited and nonconforming, such property is generally held to have acquired a vested right to continue such nonconforming use or nonconforming structure. Nevertheless, this does not preclude the Town from regulating the change, alteration, reconstruction, reestablishment, extension, destruction and abandonment of nonconforming uses in accord with New York State Town Law and general case law.
(2)
The purpose of this section 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.
(3)
It is further the purpose of this section to prescribe those standards which are to be applied by the Town in determining the reasonableness of a proposal to change, alter, reconstruct, reestablish or extend a nonconforming use. The following are regulations which shall apply.
B.
Applicability. The provisions and protections of this Article IX shall apply only to those nonconforming lots, structures and uses which legally preexisted the applicable provisions of this chapter, as amended, or which are recognized by § 220-53 or 220-54 of this Article IX. Any lot, structure or use created, constructed or established after the effective date of the original Zoning Law, as amended, reenacted and replaced, which does not conform to the applicable requirements, shall be considered an illegal lot, structure or use subject to the penalties prescribed by this chapter, and the said lot, structure or use shall not be entitled to any of the protections afforded to legal, preexisting nonconforming lots, structures or uses.