Any lawful building, structure or use of premises existing at the time of enactment of this chapter or any subsequent amendment thereof applying to such building, structure or use of premises may be continued although such building, structure or use of premises does not conform to the provisions thereof, except as follows: Any undeveloped lot in a subdivision which was not properly approved by the Planning Board and/or not filed in the office of the County Clerk and whose area and/or width and/or depth are less than the specified minimum lot requirements and average density requirements of this chapter shall be considered a violation of this chapter.
[Amended 9-21-1991 by L.L. No. 1-1991]
A. 
Any building or land used for or occupied by a nonconforming use which is changed to or replaced by a conforming use shall not thereafter be used for or occupied by a nonconforming use.
B. 
Any nonconforming use of land and/or of buildings with less than 200 square feet of floor area, which is discontinued for a period of more than one year, shall thereafter be replaced only by a use which conforms to the regulations of the district in which the land is located.
C. 
Any nonconforming use occupying a building with a floor area of more than 200 square feet, which is discontinued for a period of more than two years, shall thereafter be replaced only by a use permitted in the district in which the building is located; except, that upon approval of a special permit by the Planning Board, the building may be used for a similar or more restricted use as defined in § 210-5. The Board shall consider, in addition to those criteria set forth in § 210-5, the size, condition and adaptability of the building for other uses in arriving at its decision.
[Amended 4-8-1999 by L.L. No. 1-1999]
A building or structure of a nonconforming use may be repaired or restored to a safe condition.
A nonconforming use of a building, structure or land may be changed to another nonconforming use which is of the same or more restricted in nature; however, no building in which a nonconforming use has been changed to a more restricted use shall again be devoted to a less restricted use. Uses shall be deemed more restricted or less restricted in accordance with § 210-10 and § 210-5. The change of a nonconforming use of a building, structure or land to another nonconforming use shall include the right to change an accessory nonconforming sign, provided that such sign is not increased in area or does not further violate provisions of this chapter.
Any building or structure for which construction was begun prior to the effective date of this chapter, or any subsequent amendment thereof applying thereto, may be completed and used in accordance with the plans and specifications for the building or structure.
A. 
Any lot held in single and separate ownership prior to the adoption of this chapter and whose area and/or width and/or depth are less than the specified minimum lot requirements of this chapter for the district may be considered as complying with such minimum lot requirements and no variance shall be required, provided that:
(1) 
Such lot does not adjoin any other lot or lots held by the same owner whose aggregate area is equal to or greater than the minimum lot area required for that district.
(2) 
Such lot has an area of at least:
[Amended 11-17-2008 by L.L. No. 2-2008]
(a) 
Fifteen thousand square feet in an area served by either a central water supply or a central sewage disposal system, provided that the means of wastewater disposal has been approved by the County Health Department.
(b) 
Twenty-five thousand square feet in an area not served by either a central water supply or central sewage disposal system, provided that the means of wastewater disposal has been approved by the County Health Department.
(3) 
Required yards and setbacks. The minimum required yard or setback dimensions for an undersized nonconforming lot shall be those required for the zoning district that is the next least restrictive, in terms of such requirements, than the zoning district in which said lot is located. The less restrictive requirements shall apply only when it is demonstrated that the undersized nonconforming lot cannot meet the requirements of the district in which it is located, for the purpose of site development.
[Amended 11-17-2008 by L.L. No. 2-2008]
(4) 
All other bulk requirements for that district are complied with.
B. 
In any district where residences are permitted, such undersized nonconforming lots may be used for not more than one single-family dwelling.
C. 
A lot of nonconforming size may be subdivided if each and every subdivision of such lot is purchased by the owner or owners of the adjoining properties to increase the size of said owner's or owners' property or properties.[1]
[1]
Editor’s Note: Former Subsection D, regarding lots conforming prior to 9-24-1991, added 9-21-1991 by L.L. No. 1-1991, amended 4-8-1999 by L.L. No. 1-1999, which immediately followed this subsection, was repealed 11-17-2008 by L.L. No. 2-2008.
No lot shall be reduced in area so that it creates a nonconforming bulk or use in violation of any regulations contained in this chapter.
Any lot proposed for residential use shown on a subdivision plat which has received preliminary approval by the Planning Board in accordance with the Chapter 170, Subdivision of Land, of the Code of the Town of Hurley and Article 16 of the Town Law of the State of New York prior to the effective date of this chapter, and which approval is still valid on the effective date of this chapter, and whose area and/or width and/or depth are less than the minimum lot requirements of this chapter shall be considered in compliance with such minimum lot requirements of the district in which it is located; provided, however, that final approval of such subdivision plat shall be obtained and the subdivision plat filed in the office of the County Clerk in accordance with the Chapter 170, Subdivision of Land, and Article 16 of the Town Law of the State of New York within one year of the effective date of this chapter. In the event that final approval and filing of such subdivision plat are not obtained within 12 months of the effective date of this chapter, this exemption from the minimum lot requirements of this chapter shall not apply.