[Amended 8-24-1994]
The nonconforming use of any building or land
existing at the time of the enactment of this chapter may be continued
unchanged although such does not conform with the provisions of this
chapter.
[Amended 8-24-1994]
Any structure or portion thereof (containing a nonconforming use) declared unsafe by a proper authority may be restored to a safe condition or removed according to the restrictions in § 247-35.
A nonconforming building may not be constructed
or structurally altered during its life to an extent in excess of
the cost of 50% of the market value of the building, unless said building
is changed to comply with all provisions of this chapter.
A nonconforming use shall not be expanded and
must remain within the structure or on the lot where it existed at
the time of the adoption of this chapter. (The extension of a lawful
use to any portion of a nonconforming building which existed prior
to the enactment of this chapter shall not be deemed an extension
of a nonconforming use.)
Nothing herein contained shall require any change
in plan, construction or designated use of a building for which a
building permit has been issued and the construction of which shall
have been diligently prosecuted within three months of the date of
such permit.
No nonconforming building damaged by fire (or
other causes) to the extent of more than 75% of its market value shall
be repaired or rebuilt, except in conformity with the bulk and area
regulations of this chapter. The building can be rebuilt for the use
it contained prior to the damage by fire (or other causes) if a building
permit is obtained from the Town Board within 12 months of the destruction
by fire or other calamity. Such damaged building shall be repaired
or demolished within 12 months of the date of the fire (or other causes).
Whenever a nonconforming use has been discontinued
for a period of one year, such use shall not thereafter be reestablished
and any future use shall be in conformity with the provisions of this
chapter.
Once changed to a conforming use or a conforming
building, no building or use of land shall be permitted to revert
to a nonconforming use or nonconforming building.
No nonconforming use shall be extended to displace
a conforming use.
Whenever the boundaries of a district or zone
shall be changed so as to transfer an area from one district or zone
to another district or zone of a different classification, the foregoing
provisions (of this Article) shall apply to any new or preexisting
nonconforming uses therein.[1]
[1]
Editor’s Note: Former Art. VIIIA, Cellular Telecommunications Facilities, added 2-18-1997, former Art. VIIIB, Residential Wind Energy Conversion Systems, added 5-11-2015, as amended 12-23-2019, and former Art. VIIIC, Solar Energy Conversion Systems, added 9-23-2019, all of which immediately followed this section, were repealed 6-13-2022 by L.L. No. 2-2022. See now Art. IX.
