The intent and purpose of this article and the following regulations are to define the conditions under which nonconforming uses will be permitted in any zone in the Town of Horseheads.

Notwithstanding any other provisions of this chapter, any automobile salvage yard or other junkyard or any billboard or other nonconforming sign or advertising device in existence in a residence district at the time that this chapter becomes effective shall be discontinued within two years of such date.

Nothing herein shall prevent the substantial restoration within six months and continued use of a nonconforming building damaged less than 75% of the equalized assessed value of such building immediately prior to such damage by fire, flood or other causes.

A nonconforming building or use may not be extended or enlarged to other structures or land not already devoted to such use except by means of a variance granted by the Board of Appeals. No variance permitting the construction or enlargement of a nonconforming use or structure shall be granted by the Board of Appeals unless the regulations of this chapter other than permitted uses (i.e., density, yards, parking, etc.) for the district in which said nonconforming use is located can be substantially complied with.

A nonconforming use may be changed to another nonconforming use of the same or more restrictive classification, and when so changed to a more restrictive use it shall not again be changed to a less restrictive nonconforming use.

When a nonconforming use has been abandoned or discontinued for a period of 12 consecutive months from a date to be determined by the Code Enforcement Officer, such nonconforming building or use shall not be reestablished except by a variance granted by the Board of Appeals. Any subsequent use of such building or land shall be in conformance with the provisions of this chapter for the district in which such building or land is located.