Except as provided in this section, any lawful
nonconforming use of any structure or land existing on the effective
date of this chapter may be continued.
In any district, whenever a nonconforming use
of land, premises, building or structure 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.
Once changed to a conforming use, no building
or land shall be permitted to revert to a nonconforming use. A nonconforming
use may be changed to a use of the classification, and, when so changed
to a more restricted classification, such use thereafter shall not
be changed to a less restricted classification.
A nonconforming use shall not be extended except
within the same building or on the same lot, in the case of uses not
located within buildings, which it partially occupied on the effective
date of this chapter.
[Amended 11-9-1994 by L.L. No. 4-1994]
A building devoted to a nonconforming use may
not be reconstructed or structurally altered during its life to an
extent exceeding in aggregate cost 75% of the equalized assessed value
(full value) of the building on the effective date of this chapter
unless said building is changed to a conforming use. No building damaged
by fire or other causes to the extent of more than 75% of its equalized
assessed value shall be repaired or rebuilt except in conformity with
the regulations of this chapter unless completely rebuilt on the original
foundations within a period of two years from the date of such damage.
The limitations stated herein shall not apply to any nonconforming
use of mobile homes, which use may continue by the existing mobile
home or a replacement mobile home subject to required building permits
and codes applicable to mobile homes. Double-wide mobile homes may
replace an existing mobile home if placed on a permanent foundation,
requiring a building permit, and any special conditions as so stated
by the Town Board.
[Amended 7-13-1988 by L.L. No. 2-1988]
Whenever the boundaries of a district shall
transfer an area from one district to another district of a different
classification or whenever the text of this chapter shall be changed
with respect to the uses permitted in a district, the foregoing provisions
shall also apply to any nonconforming uses existing therein.
