A.
Except for signs which are regulated by § 120-40.10, any use which is made nonconforming by any use regulation of this chapter or by any subsequent amendments hereto may be continued, except as hereinafter provided.
[Amended 8-20-1979]
B.
Change in use.
(1)
Such nonconforming use may be changed as follows:
(a)
A use which is not classified herein may be changed to a conforming use or, when approved by the Board of Appeals, to an appropriate classified use.
(b)
A classified use may be changed to a use of a higher classification.
(c)
A classified use may be changed to a use of the same classification if the Board of Appeals determines that the new use is no more detrimental to the adjacent properties that the existing use and that off-street parking is adequate (see § 120-41).
(d)
Once changed to a conforming use or to a use of a higher classification, such use shall not thereafter revert to a use of a lower classification.
(2)
Uses are hereby classified as follows with the lower number indicating the higher classification:
(a)
Class I: uses first permitted in R-90, R-75 or R-65 Districts.
(b)
Class II: uses first permitted in R-90A, R-75A or R-65A Districts.
[Amended 8-17-1987]
(c)
Class III: uses first permitted in R-50 District.
(d)
Class IV: uses first permitted in R-60A District.
(e)
Class V: uses first permitted in C-1 District.
(f)
Class VII: uses first permitted in C-2 District.
[Amended 8-17-1987]
(g)
Class VI: uses first permitted in M-1 District.
[Amended 8-17-1987]
(h)
Class VIII: uses first permitted in M-2 District.
(3)
Nonclassified uses include uses first permitted in the R-100A District and uses not listed in any district in the use regulations of this chapter.
C.
Enlargement or extension. Such nonconforming use shall not be enlarged or extended, except that in any C or M District any nonconforming building may be enlarged to an extent not exceeding 25%, in the aggregate, of the gross floor area devoted to such nonconforming use. In no case shall such enlargement extend beyond the lot occupied by such nonconforming use nor violate any height, yard, parking area or other open space requirement of this chapter. When the total of all enlargements equals 25% of the gross floor area existing at the time such use became a nonconforming use, no further enlargements shall be permitted.
D.
Repair or alteration.
(1)
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.
(2)
No structural alterations shall be made in a building or other structure containing a nonconforming use except:
E.
Restoration. Such nonconforming building or other structure which has been damaged or destroyed by any means to the extent of 50% or more of its equalized assessed value as determined by the Town Assessor of the Town of West Seneca, or which has been condemned by the Building Inspector and ordered to be demolished, shall not be rebuilt or 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.