A.
Except as otherwise provided in this chapter, the otherwise lawful
use of land or buildings existing on the date of the adoption of this
chapter may be continued although such use or building does not conform
to the regulations specified in this chapter. However, the following
provisions shall apply to all such nonconforming uses:
(1)
No nonconforming lot shall be further reduced in size.
(2)
No nonconforming building shall be enlarged, extended or increased under any circumstances except pursuant to the restrictions set forth in § 155-71.
[Amended 12-11-2013 by L.L. No. 1-2013]
(3)
No nonconforming use may be expanded except by grant of a variance
by the Joint Zoning Board of Appeals.
(4)
Existing single-wide manufactured homes lawfully in place may be replaced by single-wide manufactured homes which meet the requirements of the New York State Uniform Fire Prevention and Building Code and Federal Department of Housing and Urban Development (HUD) standards and shall comply with Article VII, § 155-61.
B.
Discontinuance. 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 be reestablished, and all future uses 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, and all rights
to reestablish or continue such nonconforming use shall thereupon
terminate.
C.
Any nonconforming building damaged by fire or other natural causes
to the extent of more than 50% of its assessed value shall be repaired
or rebuilt within one year of said destruction. Failure to rebuild
within one year will constitute abandonment and require compliance
with this code.
D.
Changes. Once changed to a conforming use, no building or land shall
be permitted to revert to a nonconforming use.
A residential lot existing at the time of passage of this chapter
which is less than the required area or width or cannot meet the required
front, side or rear setbacks for any residential use in the district,
may be used for residential purposes, provided that the setbacks equal
at least 60% of the required minimum,
