The provisions of this Article shall apply to
all nonconforming uses or bulk legally existing on the effective date
of this chapter and to uses or bulk that become nonconforming by reason
of any amendment thereof and to buildings or other structures housing
such uses.
Any lawful use of any land or building existing
at the time of the enactment of this chapter may be continued indefinitely
except as hereinafter provided in this Article.
A nonconforming use may be changed to a conforming
use at any time, but shall not thereafter be changed back to a nonconforming
use. No nonconforming use shall be changed to a different nonconforming
use.
A nonconforming use shall not be enlarged or
extended or relocated to a different position on the lot which it
occupies. However, an application to the Zoning Board of Appeals may
be made and a special permit granted by them for good reason for extending
a lawful nonconforming use to another portion of the same building
existing at the time of the adoption of this chapter, but no nonconforming
use shall be extended to displace a conforming use.
A nonconforming use is hereby required to be
maintained in such condition as will not constitute a danger to the
safety, health or general welfare of the public. Customary maintenance
of a building or other structure containing a nonconforming use is
permitted, including nonstructural repairs and minor alterations so
long as they do not increase or expand the nonconforming use.
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.
If a nonconforming use or a building or other
structure of nonconforming bulk sustains an amount of damage or destruction
by any cause which in amount is appraised by a New York State certified
appraiser to be 50% or more of its true value, the building, other
structure or tract of land shall thereafter be only eligible for,
and only occupied by, a conforming use. The damaged portions of the
building or other structure shall, if rebuilt or reconstructed, conform
to pertinent use and bulk regulations for the zoning district in which
it is located. Where damage or destruction is appraised at less than
50% of the true value of the property, the property may be repaired
or rebuilt for the same, but not a different, nonconforming use.
When a nonconforming use has been discontinued
or abandoned for a period in excess one year, it shall not therefore
be reestablished, and the future use shall be in conformity with the
provisions of this chapter.
If any building in which any nonconforming use
is conducted is terminated for a period of more than one year, the
subsequent use of the land on which such building was located and
the subsequent use of any building erected thereon shall conform with
the regulations of the district.
Any building for which a permit has been lawfully
granted and on which the construction has been started and diligently
prosecuted before the effective date of this chapter may be completed.