Except as otherwise provided in this chapter,
any nonconforming use of any structure or land existing at the date
of the original enactment of the ordinance from which this chapter
was derived may be continued.
In any district, whenever a nonconforming use
of land, premises, building or structure or any part or portion thereof
has been discontinued for a period of one year, such nonconforming
use shall not thereafter be reestablished, and all future use shall
be in conformity with the provisions of this chapter. Such discontinuance
of the active and continuous operation of such nonconforming use or
a part or portion thereof for such period of one year is hereby construed
and considered to be an abandonment of such nonconforming use, regardless
of any reservation of an intent not to abandon same or an intent to
resume active operations. If actual abandonment in fact is evidenced
by the removal of buildings, structures, machinery, equipment and
other evidences of such nonconforming use of the land and premises,
the abandonment shall be construed and considered to be completed
within a period of less than one year and all rights to establish
or continue such nonconforming use shall thereupon terminate.
Notwithstanding any other provisions of this
chapter, any automobile wrecking yard and any billboard, advertising
structure or nonconforming sign in existence in any district on the
date of the original enactment of the ordinance from which this chapter
is derived shall, at the expiration of one year from such date, become
a prohibited and unlawful use and shall be discontinued.
Once changed to a conforming use, no building
or land shall be permitted to revert to a nonconforming use. A nonconforming
use may be changed to a use of the same classification, and when changed
to a more restricted classification, such use thereafter shall not
be changed to a less-restricted classification.
A nonconforming use shall not be extended except
within the same building which it partially occupied at the date of
the enactment of the ordinance from which this chapter is derived,
and then only with the approval of the Board of Appeals.
A.Â
A nonconforming building may not be reconstructed
or structurally altered during its life to an extent exceeding in
aggregate cost 50% of the market value of the building at the time
of its reconstruction or structural alteration unless said building
is reconstructed or altered to conform to the requirements of this
chapter, except that the Town Board, upon the recommendation of the
Planning Board, may allow reconstruction or structural alteration
of a nonconforming building.
B.Â
A building devoted to a nonconforming use may not
be reconstructed or structurally altered during its life to an extent
exceeding 50% of the market value at the time of its reconstruction
or structural alteration unless said building is devoted to a conforming
use, except that the Town Board, upon the recommendation of the Planning
Board, may allow reconstruction or structural alteration of a building
devoted to a nonconforming use.
Whenever the boundaries of a district shall
be changed so as to transfer an area from one district to another
district of a different classification, or whenever the text of this
chapter shall be changed with respect to the uses permitted in a district,
the provisions of this chapter shall also apply to any nonconforming
uses existing therein.
