This article establishes the circumstances under which a nonconforming use or structure may be continued or changed and provides for the removal of nonconforming uses and structures when their continuation conflicts with the goals of the Comprehensive Plan or impacts the public health, safety, and general welfare of the community.

The provisions governing nonconforming uses set forth in this article are established to provide remedy for nonconforming uses that exist at the time of enactment of this article, decrease the frequency of existing nonconforming uses of property, and encourage action toward conformance.

Right to continue. Nonconforming uses may be continued and maintained provided there is no alteration, enlargement, or addition to any building or structure, and no increase in occupant load. The right to continue a nonconforming use or structure shall attach to the land and shall not be affected by a change in ownership.

Change of use. Any nonconforming use may be changed to a use that is allowed by right in the district in which it is located and complies with all applicable standards for such use. A nonconforming use may not be changed to another nonconforming use under the provisions of this section.

Removal. A nonconforming use of land may not 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 adoption of this chapter.

Extension and enlargement. A nonconforming use of land shall not be enlarged or extended beyond the area of land occupied by such use at the time of the adoption of this chapter.

Maintenance and repairs. Maintenance, repairs and interior alterations to a nonconforming structure are permitted if the changes and improvements do not enlarge or extend the structure.

Reconstruction or alteration. A nonconforming building may not be reconstructed or altered during its life to exceed 50% of its appraised value, unless such building is changed from a nonconforming to a conforming use, as defined by this chapter.

Restoration. A nonconforming building which has been damaged by fire or other natural causes to the extent of 50% of its fair value shall not be repaired or reconstructed except in conformance with the regulations of the district in which such building is located. Any reconstruction, restoration, or rebuilding undertaken pursuant to this section shall conform to all New York State Building Code requirements, and a building permit must be obtained within two years after the date of the damage or destruction.

Discontinuance. When a nonconforming use has been discontinued for a period of 12 months, any future use of such building shall conform to the regulation for the district in which it is located.

Completion of building. Any building lawfully under construction at the time of enactment of this chapter may be completed.

The lot existed with its current boundaries on the effective date of this chapter or any subsequent amendment;

A permitted use to be constructed on a nonconforming lot shall conform to the yard/setback, height, and parking requirements of this chapter;

A permitted use that existed on a nonconforming lot at the time of the adoption or amendment of this chapter may be continued pursuant to § 157-29A. Additions or enlargements to such structures are permitted, provided they conform to the established yard/setback, height, and parking requirements of this chapter and any and all applicable sections of the Zoning Code of the Village of Canajoharie.