Except as hereinafter provided, no premises
shall be used and no building shall be used, constructed, reconstructed,
extended or structurally altered except in conformity with the provisions
of this chapter and the New York State Uniform Fire Prevention and
Building Code which apply to the district involved. However, any nonconforming
use existing at the time of passage of this chapter may be continued.
No nonconforming use, once changed to a use permitted in the district
in which it is located, shall ever thereafter be changed back to a
nonconforming use.
Nothing in this chapter shall prevent the restoration
of a building destroyed less than 50% of its value, exclusive of the
foundations, by fire, explosion, act of God or act of the public enemy
subsequent to the passage of this chapter or shall prevent the continuance
of the use of such building or part thereof as such use existed at
the time of such destruction of such building or part thereof, except
where it is a use hereinafter prohibited.
Nothing in this chapter shall prevent the strengthening
or restoring to a safe condition of any wall declared unsafe by the
Code Enforcement Officer.
Whenever a nonconforming use has been discontinued
for one year, the right to have, maintain or operate such nonconforming
use shall terminate, and the same may not be reestablished in any
manner.
Any structure that has been abandoned, damaged
or found unsuitable for occupancy may, after written notice to the
owner of record and due hearing, be declared a nuisance by the Board
of Trustees, and the owner of said structure shall be required to
repair or remove the same and, in the event of occupancy, secure a
new certificate of occupancy.[1]
[1]
Editor's Note: See also the New York State
Uniform Fire Prevention and Building Code.
