Ballston Town City Zoning Code
ARTICLE IV
Nonconforming Uses
§ 138-5 Existing uses.
The lawful use of any building or land, which use is existing at the time of the enactment of this chapter, may be continued although such use does not conform to the provisions of this chapter. Any changes to a nonconforming use following the date of enactment of this chapter shall be subject to the provisions of this chapter. It is the intent of this article to deal solely with the use to which a building or land is being put and not the nonconformity of the area requirements dealt with under Article V of this chapter.
§ 138-6 Changes in structure or use.
A.
Unsafe structures. Any structure, or portion of that structure in nonconforming use, declared unsafe by the Building Inspector in accordance with Chapter 52, Buildings, Unsafe, of the Code of the Town of Ballston must be removed or restored to safe condition within six months of notification.
B.
Restoration. Any building damaged by fire or other causes may be repaired or rebuilt for the same, but not a different, nonconforming use. The size may not be increased in rebuilding the structure. Repairs shall take place within one year from dated damage.
C.
Extension. Limited extension of a nonconforming use may be allowed by the Zoning Board of Appeals and subject to such conditions as may be deemed necessary by said Board to comply with the intent of this chapter and to preserve the character of the district.
D.
Displacement. No nonconforming use shall be extended to displace a conforming use.
E.
Abandonment. No nonconforming use, including signs, which shall have ceased for a period exceeding one year, shall be resumed.
F.
Changes. Once changed to a conforming use, no building, or land shall be permitted to revert to a nonconforming use unless permitted by appeal to the Zoning Board of Appeals.
§ 138-7 District changes.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the provisions of § 138-6, Changes in structure or use, shall also apply to any nonconforming uses existing therein.