The following provisions shall apply to all buildings, structures and uses existing on the effective day of this chapter which do not conform to the requirements set forth in this chapter. The following provisions shall also apply to all buildings and uses that may become nonconforming or noncomplying by reason of any subsequent amendment to this chapter and the Zoning District Map which is a part thereof, and to all complying buildings housing nonconforming uses. Nothing contained in either this article or elsewhere within this chapter shall be construed as requiring the grant of a variance by the Zoning Board of Appeals to maintain or restore a nonconforming or noncomplying building, structure or use, in accordance with the provisions of below §§ 125-94, 125-95 and 125-96.

Nothing contained in this article shall be deemed to prevent or require Board of Appeals or Planning Board approval for normal repair and maintenance, or structural alteration of a nonconforming building or structure, provided such action does not increase the degree of, or create any new, nonconformity with regard to setbacks, height, lot coverage, or other regulations set forth within the Zoning Law pertaining to buildings or structures. Any enlargement, expansion or extension of a nonconforming building or structure shall require the approval of the Planning Board as provided below and for those uses, buildings or structures governed by Article IX, § 125-101.

Nothing contained in this article shall be deemed to prevent restoration of a lawful nonconforming use, building or structure after damage for any reason or by any cause, provided that the bulk, height and area shall not be in excess of that which existed prior to damage; that all applicable New York State Uniform Fire Prevention and Building Code provisions are fully complied with; that other applicable zoning requirements are complied with; and that the restoration be commenced within six calendar months of the damage and be fully completed within two calendar years of such occurrence.

Each of the nonconforming uses and/or structures specified below is deemed to be sufficiently objectionable and out of character in the zoning district in which such use is located as to depreciate the value of other property and uses permitted in the district and otherwise inhibit the proper, safe and orderly development of such district. Therefore, each such nonconforming use must be, and shall be, terminated on or before the expiration of the specified period of time after the effective date of this chapter. Said period of time is specified herein as one that is reasonable to permit the amortization of the remaining value, if any, of such use.

Any construction, use or occupancy of any land, building or structure which has been lawfully commenced prior to the effective date of this chapter, pursuant to a valid special use permit, site plan approval, subdivision approval, variance, operating permit, certificate of use and/or building permit, may be completed and used in accordance with the conditions of said approval and plans on file with the applicable board, Code Enforcement Officer or Zoning Enforcement Officer, provided such construction and/or use is diligently pursued, and the building, structure or commencement of use of the land is completed within two calendar years of the adoption of this chapter or within the time period specified in the applicable approval and/or building permit, whichever is earlier.

Nothing herein shall prevent an increase in the volume of the nonconforming use, provided that the increase in volume is not a result of:

Notwithstanding provisions contained in this article, all nonconforming uses shall comply with the general performance standards set forth in Article V, § 125-35, of this chapter, regardless of whether the conduct of the use or use of the building or structure was in compliance with those general performance standards on the date of the enactment of this chapter.

Any use, structure or building lawfully established prior to the enactment of the Zoning Law or its predecessor, which is not prohibited by the provisions of this chapter, but which requires the issuance of a special use permit or site plan approval, shall be deemed to be a lawful nonconforming use pursuant to this chapter. In the event any such nonconforming use, building or structure is proposed to be enlarged or expanded, or any site improvements are added to the site on which the nonconforming use, building or structure is operated or maintained, special use permit approval in accordance with the special permit requirements of that use and/or site plan approval shall be required only for such expansions, enlargement and/or addition. During the course of such special permit and/or site plan approval process, the Planning Board shall have the power to require such changes, modifications and/or alterations in the nonconforming use, building and/or structure which it determines are necessary to mitigate significant environmental impacts of the use, building and/or structure identified during the SEQRAA review of the application, or to mitigate any adverse impacts upon neighboring properties and the community to the fullest extent practicable.