The following provisions shall apply to all
buildings, structures and uses existing on the effective date of this
chapter, to all buildings and uses that may become nonconforming or
noncomplying by reason of any subsequent amendment to this chapter
and the Zoning District Map[1] which is a part hereof and to all complying buildings
housing nonconforming uses.
[1]
Editor's Note: The Zoning Map is included
in the pocket part at the end of this volume.
A.
Any lawful nonconforming use of buildings or open
land in existence on the effective date of this chapter may be continued
indefinitely, if maintained in accordance with all applicable codes,
ordinances, regulations and other requirements, but shall not be:
(1)
Enlarged or extended, altered, reconstructed or restored,
except as provided in this section, or placed on a different portion
of the lot or parcel of land occupied by such use on the effective
date of this chapter.
(2)
Moved to another location where such use would be
nonconforming.
(3)
Changed to another nonconforming use without prior
approval by the Zoning Board of Appeals and then only to a use which,
as determined by the Zoning Board of Appeals, is of the same or a
more restricted nature.
(4)
Reestablished if such use has been discontinued for
any reason, whether through vacancy or cessation of use, for a period
of one calendar year or longer or has been changed to or replaced
by a conforming use for any period of time, with the intent to resume
a nonconforming use not conferring the right to do so.
B.
While a nonconforming use may not be extended, nothing
contained herein shall prohibit the extension of a permitted use to
any portion of a noncomplying building or structure which existed
prior to the effective date of this chapter. No nonconforming use
shall, however, be extended to displace a presently conforming use.
A.
Nothing contained in this section shall be deemed
to prevent normal repair and maintenance of, structural alteration
within or enlargement of a noncomplying building, provided that such
action does not increase the degree of or create any new nonconformity
with regard to building setbacks, building height, lot coverage or
other regulations pertaining to structures as set forth within this
chapter.
B.
Further, any noncomplying building or structure declared
unsafe by the Building Inspector or other proper authority may be
restored to a proper condition within the time period provided by
such authority.
Nothing contained in this section shall be deemed
to prevent the restoration of a lawful nonconforming use after damage
for any reason or by any cause, such as fire, flood, wind or other
act of God or man, provided that the bulk, height and area shall not
be in excess of that which existed prior to damage, that all applicable
New York State Uniform Fire Prevention and Building Code provisions
shall be fully complied with and that the restoration shall be commenced
within six calendar months of the damage and shall be fully completed
within two calendar years of such occurrence.
Each of the nonconforming uses and/or structures
specified below is deemed to be sufficiently objectionable and out
of character within the zoning district in which such use is located
as to depreciate the value of other property and uses permitted in
the district and otherwise inhibit the proper, safe and orderly development
of such district. Therefore, each such nonconforming use must be and
shall be terminated on or before the expiration of the specified period
of time after the effective date of this chapter. Said period of time
is specified herein as one that is reasonable to permit the amortization
of the remaining value, if any, of such use.
A.
Notwithstanding the requirements of § 164-17, any nonconforming or noncomplying sign, accessory or nonaccessory, existing as of June 1, 1994, shall be permitted to exist and be maintained, repaired or replaced, provided that it is not moved, relocated or enlarged. If such sign is moved, relocated or enlarged, it must meet all of the requirements of § 164-17.
[Amended 10-13-1994 by L.L. No. 1-1994]
B.
Any accessory sign existing on or after the effective
date of this chapter which advertises a business no longer conducted,
product no longer available or service no longer provided on the premises
shall be removed from the premises by the owner of the sign and/or
premises upon which the sign is located within 10 days after receipt
of written notice from the Building Inspector to remove such obsolete
sign.
C.
Any sign including supporting structures unrelated
to the activity on the site, except for authorized off-premises directional
signs, shall be removed not more than three calendar years from the
effective date of this chapter.
D.
Any nonconforming automobile wrecking yard or other
junkyard shall be discontinued not later than three calendar years
from the effective date of this chapter.
Any building, the construction of which has
been legally started before the effective date of this chapter or
of any amendment thereto, may be completed in accordance with plans
on file with the Building Inspector, provided that all other required
permits and approvals have been issued prior to the effective date
and that such construction is diligently pursued and the building
is completed within two calendar years of the adoption of this chapter
or said amendment.
