Lots, structures, lawful uses of land and structures
which lawfully existed at the time of the enactment of these regulations
and which would be prohibited or restricted under the terms of these
regulations may be continued subject to the following provisions.
It is the intent of these regulations to permit
nonconforming uses to continue until they are removed but to minimize
any adverse effect on adjoining properties.
[Amended 5-10-2010 by L.L. No. 1-2010]
A. No nonconforming
uses shall be enlarged or increased nor extended to occupy a greater
area of land than was occupied at the effective date of the adoption
of these regulations, except as noted below.
B. One- and two-family nonconforming uses in the C-1 and C-2 Zoning Districts shall be allowed to be expanded as long as required or current setbacks are maintained per §
450-45.
Any nonconforming structure or portion thereof
declared unsafe by a proper authority may be restored to a safe condition.
[Amended 10-26-1998 by L.L. No. 1-1998]
A nonconforming structure may not be reconstructed
or structurally altered to an extent exceeding, in aggregate, 25%
of the gross floor area of said structure, unless the structure shall
be changed to a conforming use. A one- or two-family residential structure
may be expanded even though the present structure violates current
front or rear setback requirements, if the expansion does not result
in any portion of the structure being in greater violation of such
front or rear setback requirement than the existing structure. For
purposes of illustration, if an existing structure is 50 feet from
the right-of-way and Code requires a sixty-five-foot setback from
the right-of-way, the structure can be expanded sideward so long as
it is no closer than the fifty-foot front setback of the existing
structure and the sideward expansion does not violate side setback
requirements.
[Amended 5-10-2010 by L.L. No. 1-2010]
A. No nonconforming
structure damaged by fire or other causes to the extent of more than
50% of its equalized assessed value, as determined by the Town Assessor,
shall be repaired or built except in conformity with these regulations
except as noted below.
B. Nonconforming
one- and two-family residential structures in the C-1 and C-2 Zoning
Districts shall not be subject to this section and shall be allowed
to be restored regardless of extent of damage caused by fire or other
causes, provided that a building permit must be obtained and restoration
begun within one year of a loss event, unless such time is extended
by the Town Board for reasonable cause.
Whenever a nonconforming use has been discontinued
for a period of one year, such use shall not thereafter be reestablished,
and any future use shall be in conformity with these regulations.
Once changed to a conforming use, no structure
or land so changed shall be permitted to revert to a nonconforming
use.
No nonconforming use shall be extended to displace
a conforming use.
Should any structure be moved for any reason
for any distance, it shall thereafter conform to the requirements
for the district in which it is located after it is moved.