[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
For the definition of "nonconforming building" see §
310-2.2. Nonconforming buildings may be continued, repaired, structurally altered, moved, reconstructed or enlarged, provided that such action does not increase the degree of or create any new nonconformity to district bulk regulations. The following rules shall apply to repairs of nonconforming structures:
A. Normal maintenance repair or incidental alteration of a structure
containing a nonconforming use or possessing nonconforming bulk is
permitted, provided that it does not increase the degree of nonconforming
use or nonconforming bulk. If a building possessing nonconforming
bulk is damaged for any reason to an extent of 50% or less of the
replacement cost of the building or structure, exclusive of land and
foundation, it may be repaired, restored, reconstructed or used as
before but not enlarged. The floor area of such use, building or structure
shall not exceed the floor area which existed prior to such damage.
B. All repairs shall be completed within two years after damages occur,
or such use shall not be rebuilt except as a conforming use. Any building
possessing nonconforming bulk that is damaged to an extent greater
than 50% shall be constructed in compliance with the regulations contained
in this chapter in accordance with the use and bulk requirements applicable
to the district in which it is located.
Conversion of a one-family seasonal unit on its own lot shall be allowed, provided the entire dwelling is fully compliant with all New York State building codes, New York State energy codes and all local municipal requirements of the Department of Public Works. Conversion of a bungalow colony to year-round use shall be prohibited except as may be allowed as per §
310-9.3F.
Any use lawfully existing at the time of adoption of these regulations or of any amendment thereto, in the district in which such use is classified herein as a special use, shall, without further action, be deemed a conforming use in such district. An extension of or addition to such use shall require special use permit approval and shall meet all the requirements for special uses contained in Article
VI of this chapter.
The discontinuance of a nonconforming use for a period of two
years and/or the change of use to a more restricted or conforming
use for any period of time shall be considered an abandonment thereof,
and such nonconforming use shall not thereafter be revived. Intent
to resume a nonconforming use shall not confer the right to do so.