Aurora City Zoning Code
ARTICLE VI
Nonconforming Uses
§ 116-65 Continuation.
Except as provided in this article, any nonconforming use of any structure or land existing on the effective date of this chapter may be continued.
§ 116-66 Abandonment.
In any district, whenever a nonconforming use of land, premises, building or structure has been discontinued for a period of one year, such nonconforming use shall not be reestablished, and all future use shall be in conformity with the provisions of this chapter.
§ 116-67 Required discontinuance of certain uses.
A.
Notwithstanding any other provisions of this chapter, any automobile wrecking yard, junkyard, nonconforming billboard or similar advertising structure in existence in any R District on the initial effective date of this chapter shall, at the expiration of three years from such date, become a prohibited and unlawful use and shall be discontinued.
B.
Notwithstanding any other provisions of this chapter, any nonconforming sign in existence in any district on the effective date of this chapter, as amended, shall, at the expiration of five years from such date, become a prohibited and unlawful use and shall be discontinued.
§ 116-68 Change in use.
Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to a use of the same classification upon approval of the Zoning Board of Appeals or to a use of more-restricted classification, and when so changed to a more-restricted classification, such use thereafter shall not be changed to a less-restricted classification.
§ 116-69 Extension of use.
A nonconforming use of buildings or land occupied on the effective date of this chapter may be enlarged, extended, or remodeled upon obtaining approval from the Zoning Board of Appeals specifying the conditions of such enlargement, extension or remodeling. All approvals from the Zoning Board of Appeals shall be in accordance with § 116-91.
§ 116-70 Alterations and restoration.
A nonconforming building or structure shall not be structurally altered or reconstructed, except for such alteration, maintenance and repair work as required to keep said building or structure in safe condition. However, a nonconforming building which is damaged or destroyed by fire, flood, wind, other calamity, act of God or act of the public enemy may be restored, and the nonconforming occupancy thereof may be resumed or continued, provided that the restoration is started within a period of one year, is diligently prosecuted to completion and does not increase either the floor area or the cubical contents of such building.
§ 116-71 Effect of amendments.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district or a different classification or whenever the text of this chapter shall be changed with respect to the uses permitted in a district, the foregoing provisions shall also apply to any nonconforming uses existing therein.
§ 116-72 Exceptions.
Notwithstanding any other provision of this chapter, any farm operation and any farm building formerly conducted or used in any district hereafter classified as "A" may be reestablished, renewed or restored in the location and to the degree and extent that formerly existed.
§ 116-73 Effect of approved subdivision maps.
A.
Where a subdivision map has been submitted and an agreement made imposing building restrictions thereon which have been approved and accepted by the Town Board of the Town of Aurora after September 1953 and prior to the date of adoption of this chapter, the provisions of such subdivision map and building restrictive agreement with respect to the minimum floor area of dwelling, minimum lot size, front yard depth or setback, side yard and minimum depth of rear yard shall apply in lieu, place and stead of the provisions and regulations of this chapter.
B.
Where a subdivision map or plat has been submitted to the Town Board showing the layout of lots and streets for the purpose of approving a special improvement district or districts within said subdivision and/or the dedication of streets as Town highways as shown on said map or plat and such special improvement district or districts have been approved and established and/or such streets or part of them have been accepted as Town highways prior to the date of adoption of this chapter, the layout of such subdivision as to the size of lots and the location of streets or highways appearing on such map or plat, including width and area of lots, shall be considered a prior use and shall apply in lieu, place and stead of the provisions and regulations of this chapter. Nothing contained in this section shall be construed to modify or nullify any of the provisions in § 334 of the Real Property Law pertaining to subdivision plats.
§ 116-74 Certificate of nonconformity.
All persons claiming a nonconforming use under this article shall, within six months of the date of the adoption of this chapter, secure a certificate of nonconformity from the Code Enforcement Officer showing the claimed nonconforming use and its location, the size and specifications of any structures utilized in this nonconforming use, the size of the lot and the specific portions of the lot or the building or buildings claimed to be utilized in connection with the nonconforming use. The Code Enforcement Officer shall require supporting proof subject to verification for such applications and shall deny a certificate without such proof.