Except as otherwise provided in this chapter, the lawful use of land or buildings existing at the date of the adoption of this chapter may be continued, although such use or building does not conform to the regulations specified by this chapter for the zone district in which such land or building is located. The following provisions shall, however, apply to all nonconforming uses:
A.
A nonconforming lot shall not be further reduced in size.
B.
A nonconforming building shall not be enlarged, extended or increased unless such enlargement would tend to reduce the degree of nonconformance.
D.
A nonconforming use may be changed into a conforming use. When a nonconforming use is changed to conform to the requirements of this chapter, the use of the building or tract of land shall not be changed again, except in accordance with these regulations.
E.
Where such nonconforming use is upon the land itself and not enclosed within a structure, or where such use involves the removal of soil, minerals or the excavation of gravel or rock or other material, such use may be continued upon the land being so used at the time of the adoption hereof. Any such nonconforming use of the land may be extended or expanded to include any part of the plot or parcel of land now being used or held in reserve for future use, provided that such enlargement does not involve the use of any lot acquired or the excavation rights of which were acquired by the excavation operator after the effective date of this chapter. However, such extension or expansion of such nonconforming use shall comply with the setback and fencing requirements of this chapter. Furthermore, in the case of excavation operations which do not have a valid Mined Land Reclamation Law[1] permit from the New York State Department of Environmental Conservation on the date that this amendment becomes effective,[2] such nonconforming uses may not be enlarged, increased or expanded so as to exceed the threshold of 750 cubic yards per 1,000 ton per year set forth in the definition of "excavation" in § 700-8 of this chapter.
[1]
Editor's Note: See Environmental Conservation Law § 23-2701 et seq.
[2]
Editor's Note: The original date of adoption of this amendment was 8-26-1997.