A.
Except as otherwise provided in this article, the lawful use of land
or buildings existing at the date of the adoption of this chapter
are hereby defined nonconforming uses and may be continued although
such use or building does not conform to the regulations specified
by this chapter for the zone in which such land or building is located.
B.
No nonconforming building shall be enlarged, extended or increased
unless such enlargement would tend to reduce the degree of nonconformance.
D.
Nonconforming use rights, subject to the provisions of this Article IV, remain with the land when title is transferred. [See §§ 308-9Q and 308-25D(3).]
A.
A nonconforming land use shall be considered abandoned when there
occurs a cessation of any nonconforming use by the tenant or owner
and they have received written notification of abandonment from the
Code Enforcement Officer by certified mail. Exceptions:
(1)
The owner or tenant reinstates the use and notifies the Building
and Zoning Department in writing of the reinstatement within six months
from the date of the Code Enforcement Officer's notification of abandonment;
(2)
Or the owner or tenant provides, within six months from the date
of the Code Enforcement Officer's notification, written verification
to the Building and Zoning Department that discontinuation had not
occurred.
B.
In addition, a nonconforming land use shall be considered abandoned
when there occurs a cessation for a total of 15 months within any
two-year period, and the use shall not recommence unless written verification
to the contrary has been received by the Building and Zoning Department
from the tenant or owner.
C.
When a nonconforming land use has been discontinued or abandoned,
such use shall not thereafter be reestablished and future use shall
be in conformance with the provisions of this chapter.
A.
Except for a dwelling which may be replaced in whole or in part,
if a nonconforming building, structure or land use activity, or part
thereof, has been partially or totally destroyed or damaged by any
cause it may be rebuilt or restored as a nonconforming building, structure
or land use only if reconstructed or restored in compliance with the
New York State Uniform Fire Prevention and Building Code, with the
same, or an improved, general site layout as that of the original
structure. Zoning Board of Appeals approval of reconstruction or restoration
plans shall be required and the Board may impose conditions on such
approval if such conditions would improve an otherwise undesirable
situation and bring the nonconforming use or activity more into conformity
with the regulations for the district in which it is located. Application
for Zoning Board of Appeals approval for reconstruction or restoration
shall be made within 12 months from the date of damage or destruction
and work commenced within six months and completed within 18 months
from the date of Board approval. Failure to meet these time limits
shall terminate the nonconforming use, except that a six-month time
extension to any of the time limits may be granted by the Zoning Board
of Appeals.
B.
Nothing in this chapter shall prevent the strengthening or restoring
to a safe condition any structure or part thereof which has been declared
unsafe by the Code Enforcement Officer.
No nonconforming use shall, if once changed into a conforming
use, be changed back again to a nonconforming use.
Unless a use variance has been granted by the Board of Appeals,
a nonconforming use shall not be reconstructed or structurally altered
to an extent which would enlarge or expand its square footage and
increase gross density greater than was occupied at the time this
chapter, or any amendment hereto, becomes effective.
Whenever the boundaries of a district shall be changed so as
to transfer an area from one zoning district to another of a different
classification, the foregoing provisions shall also apply to any nonconforming
uses existing therein or created thereby.
Except as may be otherwise stated in this Article IV, nothing herein contained shall require any changes in plans, construction or designated use of a building structure or sign for which a permit has been duly issued and the construction of which shall have been diligently prosecuted within three months of the date of such permit, and the ground story framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit.
Existing mobile home parks. Other provisions of this Article IV, to the contrary notwithstanding, existing mobile home parks which are not in compliance with the provisions of this chapter may be continued only in accordance with the provisions of § 308-46B(12)(g) herein.
