[Amended 4-5-1966; 1-23-1973; 11-12-1974; 10-9-1984; 6-25-1985; 2-13-1990; 9-13-1994; 5-8-2007; 6-24-2010]

The intent of these provisions is to encourage bringing lawfully nonconforming uses into conformity with the land use provisions of this ordinance.

A. Except as provided for in § 322-73G, any use that lawfully existed prior to the adoption of this ordinance, but is not permitted by this ordinance, may be continued, provided that a certificate of existing use is authorized by the Board of Zoning Appeals.

B. Except as provided for in § 322-73G, any use that was in full compliance with this ordinance, but is not permitted by this ordinance because of an amendment hereto, may be continued, provided that within 90 days of the effective date of the amendment a certificate of existing use is issued.

C. Lawful nonconforming uses shall not be changed to any use except to a permitted or special exception use in conformity with this ordinance unless the Board of Zoning Appeals approves a variance for such change.

D. Any lawful nonconforming use that is abandoned for more than 12 consecutive months shall not be resumed.

E. Any structure used for a lawful nonconforming use shall not be repaired, reconstructed, or structurally altered to an extent exceeding 75% of the fair market value of the structure. No expansion of the amount of land or structure used for a nonconforming use shall be permitted unless the Board of Zoning Appeals grants a use variance. This shall not include cosmetic exterior renovations or historic restoration as approved by the Board of Site Plan Review.

F. Structures used for a nonconforming use shall not be expanded, and the portion of a lot used for a nonconforming use shall not be expanded. Site improvements, such as paving areas not previously paved, shall not be permitted.

G. Any incidental use of open land, including, but not limited to, parking or outdoor storage, that was in full compliance with the zoning ordinance, but does not conform with the ordinance because of an amendment hereto, shall be brought into conformity within one year of the amendment.

H. Any special exception use that was made nonconforming by an amendment to this ordinance after the special exception was approved shall be brought into compliance with the new requirements within one year of the amendment unless the Board of Zoning Appeals grants a variance.

A. Any structure on a lot that does not conform to the minimum area or frontage dimensions described in § 322-9B shall not be enlarged or expanded except in conformity with all other dimensional requirements of this ordinance.

B. A nonconforming lot may be used or a building or structure may be erected on such lot for use in accordance with all other applicable provisions of this chapter, upon approval of the Board of Appeals, provided that, at all times subsequent to the effective date of any ordinance making such lot nonconforming, such lot has been separately owned in good faith and:

(1) Does not or did not adjoin any lot or land in the same ownership; and

(2) Does not or did not adjoin any lot under the same practical or effective ownership, whether or not the incidents of title are or were the same.

A. Nonconforming structures used only for conforming uses and which were lawfully constructed prior to the adoption of this ordinance or an applicable amendment thereto shall not be expanded except in compliance with the dimensional requirements of this ordinance.

B. Nonconforming structures that were lawfully constructed or expanded pursuant to a variance shall not be expanded unless an additional variance is granted by the Board of Zoning Appeals.

C. Any variance to expand a lawful nonconforming structure that is used for only a conforming use shall be deemed to be an area variance.

A. The Town Board may on its own motion hold a public hearing to consider compelling the termination of a nonconforming use if the Board determines that the use is detrimental to the value of adjacent property or to the future development of surrounding land; is causing undue noise, dust, vibration, odor, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance; introduces any odorous, hazardous, noxious or toxic fumes into the air; is detrimental to the public health or safety; or is tending to deteriorate or blight the neighborhood.

B. In ordering the compulsory termination of a nonconforming use, the Town Board will establish a definite and reasonable amortization period during which the nonconforming use may continue while the investment value decrement resulting from the termination is amortized. The rate of amortization shall be in accordance with reasonable economic practice.

A. The Board of Zoning Appeals shall have original jurisdiction to authorize the Building Director to issue certificates of existing use. The Board shall not authorize the issuance of a certificate unless it finds that the use was in full compliance with all relevant regulations at the time the ordinance was adopted or amended so as to make the use nonconforming, and that the use was not abandoned for more than 12 consecutive months. The Board's decision shall describe in detail the nature and extent of the lawful nonconforming use.

B. Notwithstanding anything to the contrary, a certificate of existing use for any home professional office/home occupation shall not be transferable by deed, devise, lease, bequest, assignment or conveyance of any kind by anyone who takes title to the property after January 1, 1985, and shall terminate upon any such attempted transfer.