Any use which is made a nonconforming use by
this chapter or by any subsequent amendments thereto may be continued,
except as hereinafter provided.
[Amended 1-26-1998 by L.L. No. 1-1998]
A nonconforming use may not be changed to any
other use unless that use is in conformance with the present zoning
of the site. Any nonconforming residential dwelling or dwelling unit
located in any C or M District shall not be altered, enlarged or changed
in such a manner as to create additional nonconforming dwelling units.
Once a nonconforming use is changed to a conforming use, the nonconforming
use status of the property is lost and all uses must meet the present
zoning requirements.
Unless otherwise provided in this article, a
nonconforming use shall not be enlarged or extended, except that,
in any C, M or Mixed Use District, any nonconforming use within a
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 enlargement extend beyond the lot occupied by such nonconforming
use or 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.
[Amended 8-3-2020 by L.L. No. 3-2020]
If a building or structure containing a nonconforming use has been damaged by fire or other causes to the extent of 50% or more of its equalized assessed value as determined by the Town of Hamburg Assessor, and the owner of said building or structure wishes to rebuild or repair it, it must be rebuilt or repaired in kind in conformance with §
280-289. In such reconstruction, neither the floor area nor the cubical content of the nonconforming use shall be increased from the floor area or cubical content of the nonconforming use prior to the time of the damage.
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. Such discontinuance of the active and
continuous operation of such nonconforming use, for such period of
one year, is hereby construed and considered to be an abandonment
of such nonconforming use, regardless of any reservation of an intent
not to abandon the same or of an intent to resume active operation.
If actual abandonment in fact is evidenced by the removal of buildings,
structures, machinery, equipment and other evidence of such nonconforming
use of the land and premises, the abandonment shall be construed and
considered to be completed within a period of less than one year,
and all rights to reestablish or continue such nonconforming use shall
thereupon terminate. The provisions of this section shall not apply
to agricultural lands participating in federal or state agricultural
programs, nor shall they be construed to interfere with normal agricultural
practices of crop rotation.