Alden Town City Zoning Code
ARTICLE V
Nonconforming Uses
§ 365-33 Continuation of existing uses.
Lots, structures, lawful uses of land and structures and characteristics of use which lawfully existed at the time of the enactment of these regulations and which would be prohibited or restricted under the terms of these regulations may be continued subject to the following provisions.
§ 365-34 Intent.
It is the intent of these regulations to permit nonconforming uses to continue until they are removed, but to minimize any adverse effect on adjoining properties.
§ 365-35 Enlargement.
No nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of the adoption of these regulations.
§ 365-36 Unsafe structures.
Any structure or portion thereof declared unsafe by a proper authority may be restored to a safe condition.
§ 365-37 Alterations.
A nonconforming structure may not be reconstructed or structurally altered to an extent exceeding in aggregate 25% of the gross floor area of said structure, unless the structure shall be changed to a conforming use.
§ 365-38 Restoration.
A.
No nonconforming structure damaged by fire or other causes to the extent of more than 50% of its equalized assessed value, as determined by the Town Assessor, shall be repaired or built except in conformity with these regulations.
B.
A nonconforming single-family dwelling and its existing accessory buildings that is nonconforming due to its use, not because of nonconforming bulk and/or setback conditions, damaged by fire, accident, act of God or other unintentional causes may be repaired or rebuilt upon the issuance of a building permit.
[Added 11-17-2014 by L.L. No. 3-2014]
§ 365-39 Discontinuance.
Whenever a nonconforming use has been discontinued for a period of one year, the use shall not thereafter be reestablished, and any future use shall be in conformity with these regulations.
§ 365-40 Changes.
Once changed to a conforming use, no structure or land so changed shall be permitted to revert to a nonconforming use.
§ 365-41 Displacement.
No nonconforming use shall be extended to displace a conforming use.
§ 365-42 Moving.
Should any structure be moved for any reason for any distance, it shall thereafter conform to the requirements for the district in which it is located after it is moved.
§ 365-43 Existing undersized lots of record.
A.
Any recorded lot held in ownership prior to the adoption of these regulations whose area and/or width and/or depth are less than minimum requirements specified herein for the district may be considered as complying with these regulations and no variance therefor shall be required, provided that:
B.
In any district where residences are permitted, such undersized nonconforming lots shall not be used for more than one single-family dwelling.
C.
A lot of nonconforming size may be subdivided if each and every subdivision of such lot is purchased by the owner or owners of the adjoining properties to increase the size of said owners' property.