[Added 6-9-2014 by L.L. No. 3-2014[1]]
A.
Continuing existing uses. Except as otherwise provided in this article,
the lawfully existing use of land or buildings existing at the time
of the adoption of this chapter may be continued, although such uses
do not conform to the standards specified in this chapter for the
zone in which such land or building is located. However, no land shall
be subdivided so as to create a nonconforming lot, use, building or
other structure, nor shall a nonconforming lot, use, building or other
structure be made more nonconforming than it was at the first date
of adoption of this chapter.
B.
Nonconforming use of land. Where no building or structure is involved,
the lawfully existing nonconforming use of land may be continued;
provided, however, that no such nonconforming use shall be enlarged
or increased, nor shall it be extended to occupy a greater area of
land than that occupied by such use at the time of the first adoption
of this chapter, unless specifically allowed by other provisions in
this chapter, nor shall any such nonconforming use be moved in whole
or in part to any other portion of the lot or parcel of land occupied
by such nonconforming use at the time of the adoption of this chapter;
provided, further, that if such nonconforming use of land or any portion
thereof ceases for any reasons for any continuous period of more than
one year, or is changed to a conforming use, any future use of the
land shall be in conformity with the provisions of this chapter. No
nonconforming use of land shall be changed to another nonconforming
use.
C.
D.
Other nonconformity. No permit shall be issued that will result in
the nonconformity or the increase of any existing nonconformity of
any dimensional requirement as outlined in this chapter. Nothing in
this chapter shall prevent the use of any lot or the erection of a
building or other structure on any lot, which does not conform to
the minimum area, shape or frontage requirements of this chapter,
as of the first date of adoption of this section, provided that all
other requirements of this chapter have been met and the owner of
such lot does not own sufficient contiguous land within the Town of
Kingsbury to make a nonconforming lot more nearly a conforming lot.
E.
Discontinuance. If a nonconforming use is discontinued for a period
of 12 consecutive months, for any reason other than the required participation
of any owner, a tenant or essential personnel of either in the military
service, the further use of the property shall be terminated.
F.
Nonconforming junkyards. Notwithstanding any other provisions of
this section, nonconforming junkyards may be continued only as provided
herein:[1]
(1)
Nonconforming junkyards may be continued for a period of two years
following the effective date of this section.
(2)
Within 60 days from the effective date of this section, the owner
or operator of a nonconforming junkyard may apply to the Town Board
for such additional amortization period beyond the two-year period
provided herein as the Town Board determines is reasonable under the
circumstances considering the public benefit to be achieved and the
nonconforming owner or operator's economic loss. In applying for an
additional amortization period, the owner or operator must provide
competent evidence demonstrating the need for such additional amortization
period considering its capital investment in the nonconforming use.
(3)
Nothing in this section shall relieve the person operating such a
nonconforming junkyard from the requirement to obtain a junkyard license
under applicable laws.
