The intent of this Article
IX is to provide for the use of land, buildings and lots that do not comply with the regulation of this chapter and to set forth the circumstances and conditions under which such nonconformity may be continued.
Except as otherwise provided in this Article
IX, the lawful nonconforming use of any land, building, or lot existing at the date of adoption or amendment of this chapter may be continued even though such use, building, or lot does not conform to the regulations specified for the zoning district in which such land, building, or lot is located. Unless set forth to the contrary elsewhere in this chapter:
A. The nonconforming use of land may not be expanded or extended so
as to occupy a greater area of land unless a variance therefore has
been granted.
B. The footprint of a nonconforming building may be enlarged, extended
or increased if the lot area, width and yard requirements set forth
in Schedule II can be met or an area variance has been granted.
C. A nonconforming lot shall not be reduced in area or dimension through
subdivision so as to increase the amount of nonconformity.
Notwithstanding the provisions of §
270-43 to the contrary, the Zoning Board of Appeals may, upon written request for a variance, permit the expansion, extension, enlargement, replacement of, movement of, or addition to a nonconforming use or building, in accordance with the criteria specified in Town Law § 267-b.
A nonconforming use may be changed to another nonconforming
use only by variance granted by the Zoning Board of Appeals in accordance
with criteria specified in § 267-b of the Town Law.
A nonconforming building, or part thereof, that is damaged or
destroyed may be restored to a safe and sanitary condition. Any damaged
nonconforming land or building that is determined to be unsafe or
a hazard to public health or safety shall be subject to all other
regulations of the Town related to unsafe buildings.
Nonconforming use rights remain with the land when title is transferred, subject to the provisions of this Article
IX.
No nonconforming use of land or a building shall, if once changed
to a conforming use, be changed back to the previous or a new nonconforming
use unless a use variance therefore has been granted by the Zoning
Board of Appeals.
Except for agricultural uses which are exempt from the provisions
of this section, abandonment or discontinuance of any nonconforming
use for a period of 12 months or more shall terminate such nonconforming
use of the structure or premises. Any subsequent use of such building
or premises shall be in conformance with the provisions of this chapter.
The date of abandonment or discontinuance shall be determined by the
Code Enforcement Officer. Extension of the termination date for an
additional six months may be granted by the Zoning Board of Appeals
if a written request is made by the property owner.
When the boundaries of a district are changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions of this Article
IX shall also apply to any nonconformity existing therein or created thereby.
Nothing in this chapter shall require any change in plans, construction
or designated use of a building for which a building permit has been
issued prior to the adoption of this chapter.