The use of land, buildings or structures lawful
at the time of adoption or subsequent amendment of this chapter may
continue although such use does not conform to the provisions of this
chapter. Nothing herein contained shall require any change in the
plans, construction or designated use of a building complying with
previous laws or for which a final permit had been duly granted prior
to the date of adoption of this chapter or any applicable amendment
thereto.
Except as provided herein, no nonconforming
uses or structure may be enlarged, extended, reconstructed, substituted
or structurally altered.
A. Change of use.
(1) A nonconforming use may not be changed into another
nonconforming use.
(2) A nonconforming use may be changed into a conforming
use in accordance with this chapter.
B. Repairs, maintenance and structural additions.
(1) Nonconforming uses.
(a)
Normal maintenance, repairs and alterations incidental to a building or other structure containing a nonconforming use are permitted, provided that they do not extend the area or volume of space occupied by the nonconforming use. If the building or structure containing the nonconforming use needs to be replaced for the reasons set forth in Subsection
B(2)(b) below, the provisions set forth herein shall apply.
(b)
A building or other structure containing residential
nonconforming uses may be altered in any way to improve interior livability,
provided that no alterations shall be made which would increase the
number of dwelling units or square footage.
(2) Nonconforming structures.
(a)
A nonconforming structure may be the site of a minor exterior structural addition or alteration (defined as an unenclosed porch, deck, stairway or other similar facility), provided that such proposed construction conforms in all respects to the affected district's height, setback and yard requirements and does not increase the degree of any yard, bulk, parking or other nonconformity of the existing property. The enlargement or addition may be initiated without a variance upon issuance of a building permit in accordance with Chapter
54, Fire Prevention and Building Construction, of the Code of the Town of Greenfield, New York.
(b)
A nonconforming structure which houses a conforming or nonconforming use which has deteriorated (through the normal use or age of that structure) to a point where the structure needs to be replaced in order to ensure that the health, safety and general welfare of the occupants is safeguarded, or if the cost of maintenance and repair of the structure is not cost effective, may be replaced after a site plan review by the Planning Board. This review shall be conducted prior to when any demolition or removal of the structure begins. If the nonconforming structure is demolished or removed prior to review, it shall constitute an abandonment as regulated under §
105-43 and shall not be replaced/reestablished.