Canandaigua City Zoning Code
ARTICLE III
Nonconforming Uses and Buildings
§ 850-13 Continuation of use.
Any lawful use, building or structure existing at the time of the adoption of this chapter, or existing whenever an amendment to this chapter is enacted, which shall be made nonconforming at the passage of this chapter or any applicable amendment thereto, may be continued except as otherwise provided by law.
§ 850-14 Regulation of nonconforming uses.
No existing building or premises devoted to a nonconforming use shall be expanded, reconstructed, substituted or structurally altered except when required to do so by law or order and as follows:
A.
Restoration. Any nonconforming building or structure damaged less than 50% of its then existing assessed value may be restored, reconstructed or used as before, provided that the volume of such use, building or structure shall not exceed the volume which existed prior to such damage, and that it be complete within one year of such happening, and provided that such restoration shall be conformity with the requirements of this chapter.
B.
Displacement. A nonconforming use shall not be extended to displace a conforming use.
C.
Change of use.
(1)
A nonconforming use or structure shall not be changed into a use which is permitted in a less restrictive district.
(2)
A nonconforming use may be changed only into a conforming use.
(3)
When a nonconforming use shall be changed in accordance with the provisions hereof, the use of the building or other structure or tract of land shall not thereafter be changed again except in accordance with these regulations.
D.
Repairs.
(1)
Normal maintenance repairs and incidental alteration of a building or other structure containing a nonconforming use is permitted, provided that it does not extend the area or volume of space occupied by the nonconforming use.
(2)
A building or other structure containing residential nonconforming uses may be altered in any way to improve interior livability, provided that no structural alterations shall be made which would increase the number of dwelling units or the bulk of the building.
E.
Prior approval. Nothing herein contained shall require any change in the plans, construction or designated use of a building complying with existing laws, a permit for which has been duly granted and the construction of which shall have started before the date of adoption of this chapter or any applicable amendment thereto, and the ground story framework of which including the second tier of beams shall have been completed within six months of the date of the permit, and which entire building shall have been completed according to such plans as have been filed, within one year of the date of adoption of this chapter or any applicable amendment thereto.
[Amended 10-5-1995 by Ord. No. 95-007]
§ 850-15 Termination of nonconforming uses.
A.
Abandonment. The discontinuance of a nonconforming use for a period of one year and/or the change of a use to a more restricted or conforming use for any period of time shall be considered an abandonment thereof and such nonconforming use shall not thereafter be revived. If actual abandonment in fact is evidenced by the removal of buildings, structures, machinery, equipment and other indications of such nonconforming use of the land and premises, the abandonment shall be construed and considered to be completed within a period of less than one year and all rights to reestablish or continue such nonconforming use shall thereupon terminate. Intent to resume active operations shall not affect any of the foregoing.
B.
Partial destruction. When 50% or more of the assessed value of a nonconforming building or structure, or use of land, is destroyed by fire or other casualty or other act of God, the use of such building, structure or land as a nonconforming use shall thereafter be terminated.
§ 850-16 Construction affected by map and district changes.
If any area on the Zoning Map is hereafter transferred to another district by a change in the zone district boundaries by amendment to said Zoning Map, the provisions of § 850-14E shall apply in the case of a building in such area for which completed plans have been filed, or for which a building permit has been issued prior to the effective date of an amendment.