A.
Purpose.
(1)
The zoning districts established in this chapter (as set forth in
the district regulations and on the Zoning Maps) are designed to guide
the future use of the Town's land by encouraging the development and
maintenance of desirable agricultural, residential, commercial, and
manufacturing areas with appropriate groupings of compatible and related
uses and thus to promote and to protect public health, safety, and
general welfare. As a necessary corollary, in order to carry out such
purposes, nonconforming uses and structures which adversely affect
the development of such areas must be subject to certain limitations.
(2)
The regulations governing nonconforming uses set forth in this article
are therefore adopted in order to provide a gradual remedy for existing
undesirable conditions resulting from such incompatible nonconforming
uses, which are detrimental to the achievement of such purposes. While
such uses are generally permitted to continue, these regulations are
designed to restrict further investment in such uses, creating permanent
establishments in inappropriate locations.
(3)
In the case of buildings not complying with the bulk regulations
of this chapter, the regulations governing noncomplying buildings
set forth in this chapter are adopted in order to permit the appropriate
use of such buildings but to prevent the creation of additional noncompliance
or increases in the degree of existing noncompliance, except as specifically
authorized.
A.
A use which was lawfully established prior to the adoption of this
chapter or any subsequent amendment thereto and made lawfully nonconforming
may continue subject to the restrictions and limitations of this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Nothing in this article shall be deemed to authorize any use or structure
which was not conforming under the laws of the Town of Sardinia as
they existed at the time the use began or the structure was constructed
or altered, nor in any manner limit the power of the Town to take
any action to abate or remove such use or structure, or prosecute
violations of the laws of the Town of Sardinia created by said uses
or structures.
C.
Nonconformity as to lot size, open space, height or building size
regulations. Any building, other structure or use of land which is
made nonconforming by any lot size, open space, height or building
size regulations of this chapter, or by any subsequent amendments
thereto, may be continued, except as hereinafter provided.
A.
A nonconforming use may be changed to any other use permitted in
the district in which such existing nonconforming use is first permitted.
Any additional restrictions or requirements which apply to the changed
use shall be complied with before such change in use can be allowed.
Once a nonconforming use is changed to a conforming use or to a more
restricted use, such use shall thereafter not revert to a less restricted
use. The regulations of the district in which the use is first permitted
shall be complied with and shall apply to the property for enforcement
purposes.
B.
Any increase in the intensity of a nonconforming use shall be prohibited.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Such nonconforming use or building shall not be enlarged or extended, except that residences and their customary accessory uses made lawfully nonconforming at the adoption of this chapter or any subsequent amendment thereto may be enlarged or extended, providing such enlargements or extensions meet the minimum yard requirements as specified in schedule of yard, bulk, lot area and heights for the AR-Agricultural Residential zoning district; and the supplemental building height, yard and lot regulations listed in § 115-48 of this chapter.
A.
Nothing herein shall be deemed to prevent normal maintenance of a
building or other structure containing a nonconforming use, including
nonstructural repairs and incidental alterations not extending the
nonconforming use.
B.
No structural alteration shall be made in a building or other structure
containing a nonconforming use except:
Such nonconforming building or other structure which has been
damaged or destroyed by any means to the extent of 75% or more of
its equalized assessed value, as determined by the Town of Sardinia
Assessor's office's current assessed value, or which has been ordered
to be demolished or removed by Town Board resolution, shall not be
rebuilt nor repaired except in conformance with the regulations of
this chapter. In the case of a permitted restoration of a nonconforming
use, neither the floor area nor the cubical content shall be increased
from the original nonconforming building or other structure.
A.
In any district, whenever a nonconforming use of land, building or
other structure, or any part or portion thereof, has been discontinued
for a period of one year, such nonconforming use shall not thereafter
be reestablished, and all future use 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 same or of an intent to resume
active operations.
B.
If actual abandonment in fact is evidenced by the removal of buildings,
other structures, machinery, equipment or other evidences of such
nonconforming use of the land and premises, the abandonment shall
be construed and considered to be completed within a period of less
than one year, and all rights to reestablish or continue such nonconforming
use shall thereupon terminate.
