Subject to the provisions of this article, a nonconforming structure
or use may be continued and maintained in reasonable repair but may
not be altered or extended, except that the extension of a nonconforming
use at the time this chapter is adopted shall be permissible, and
except that a structure conforming with respect to use but nonconforming
with respect to height, setback or coverage may be altered or extended
if the alteration or extension does not deviate further from the standards
of this chapter. If a preexisting use or structure is legal and nonconforming
or was conforming under the previous ordinance but becomes nonconforming
through the adoption of this chapter, then it shall become a legal
nonconforming use or structure and subject to the provisions of this
chapter. If a use or structure was illegal under the provisions of
the previous ordinance, then it shall remain illegal or nonconforming
only as it pertains to the provisions of this chapter.
If a nonconforming use involving a structure is discontinued
for a period of six months, further use of the property shall conform
to this chapter. If a nonconforming use not involving a structure
is discontinued for a period of three months, further use of the property
shall conform to this chapter.
If a nonconforming use is replaced by another use, the new use
shall conform to this chapter.
If a nonconforming structure or a structure containing a nonconforming
use is destroyed or razed, as determined by the Assessor or Director
of Planning, head of the Building Department, or similar officer or
designee or Code Enforcement Officer, to an extent exceeding 75% of
its fair market value as indicated on the latest assessment records
of the Town of Chili, the future structure or use on the site shall
conform to this chapter.
Nothing contained in this chapter shall require any change in
the plans, construction, alteration or designated use of a structure
for which a building permit has been issued and construction work
has commenced prior to the adoption of this chapter, provided that
the building, if nonconforming or intended for a nonconforming use,
is completed and in use within one year from the time the building
permit is issued.