Celoron Village City Zoning Code
ARTICLE VII
Nonconforming Uses
§ 210-52 Continuation.
The lawful use of any building or land existing at the time of the enactment of this chapter may be continued, although, such use does not conform with the provisions of this chapter. All preexisting uses which do not conform with specific provisions of this chapter shall not be required to comply with these provisions unless it is specifically stated within this chapter that they must comply within a certain reasonable time period.
§ 210-53 Alteration of structures.
Unsafe structures. Nonconforming buildings damaged by fire, wind and other causes as well as structures declared to be unsafe due to general dilapidation may be restored or rebuilt for the nonconforming use it was used for last. Unsafe structures cannot be restored or rebuilt in a use which is more nonconforming than the structure was prior to becoming unsafe. When the unsafe condition was caused by fire, wind, or any catastrophic causes, the permit must be applied for within six months from the date of fire, etc. Otherwise, the building permit need not be granted. Once a structure is damaged in any way described above in addition to the above rules, the owner shall build a one-hour fire wall and fire roof containing no windows or doors on neighboring property side.
Alterations of structures. A nonconforming structure may be added to or altered during its life to an extent of up to 25% of the market value of the building, as long as the alterations do not cause the structures to be more nonconforming. If the alterations are made to bring the building into conformity with all provisions of this chapter, then rules of 25% do not apply. The municipal assessor shall determine the market value of a nonconforming structure request.
§ 210-54 Prior approved construction.
Nothing herein contained shall require any change in plan, construction, or designated use of building for which a building permit has been heretofore issued and the construction of which shall have been diligently carried on within three months of the date of such permit.
§ 210-55 Abandonment.
Whenever a nonconforming use has been voluntarily discontinued for a period of one year, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter.
§ 210-56 Displacement.
No nonconforming use shall be extended to displace a conforming use.
§ 210-57 District change.
Whenever the boundaries of a district or zone shall be changed so as to transfer an area from one district or zone to another district or zone of a different classification, the provisions of this article shall also apply to nonconforming uses existing therein.
§ 210-58 Nonconforming yard changes.
An allowed use which is not in conformance with yard requirements (e.g., setbacks, etc.) may be removed and replaced with another structure (same use) which is more in compliance with the yard requirements without going through area variance procedures. The Enforcement Officer shall determine the applicability of this section to specific cases.
§ 210-59 Use changes.
Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use.
A legal nonconforming use may be changed to another nonconforming use which is of such a character so as to be less of a nuisance and more in conformance with this chapter requirements. Once changed, the use would not be allowed to return to the original use. The Zoning Board of Appeals would make all determinations as to what new conforming uses would be allowable through the normal use variance procedures. (See § 210-63, Use and area variances.)