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Champlain City Zoning Code

ARTICLE VI

Nonconforming Lots, Uses and Structures

§ 130-46 Applicability.

This article shall apply to those land uses, structures and lots of record which legally existed at the time of enactment or amendment of this chapter, but which are not in compliance with the regulations or standards herein.

§ 130-47 Intent.

The intent of this article is to provide for limited development upon existing undersized lots, and to allow nonconforming uses to continue but not to encourage their expansion.

§ 130-48 Existing undersized lots of record.

A. 
A single-family dwelling may be constructed on any recorded lot held in single and separate ownership prior to adoption of these regulations without regard to the minimum lot area, minimum lot width, and minimum lake or river frontage required by this chapter, provided that such lot does not adjoin any other lot or lots held by the same owner such that the owner might combine two or more lots in order to meet minimum requirements. Minimum front, side and rear building setback requirements, and maximum building coverage and minimum open space requirements stated in this chapter shall apply, and any deviation from such requirements shall require a variance. The establishment of a use other than a single-family dwelling on such lots shall require a variance.
B. 
Existing buildings located on undersized lots of record may be reconstructed to occupy the same ground area as the original structure.
C. 
Existing buildings located upon undersized lots of record may be expanded without the issuance of a variance, provided that minimum front, side, and rear building setbacks are met, and the maximum building coverage and minimum open space requirements stated in this chapter are met.

§ 130-49 Nonconforming building setbacks.

Existing buildings which are placed closer to front, side or rear lot lines than permitted by this chapter shall not be expanded within such building setbacks without the issuance of a variance. In addition to the variance, the maximum building coverage and minimum open space requirements stated in this chapter must also be met.

§ 130-50 Nonconforming uses.

Uses of land or structures which lawfully existed at the time these regulations were enacted, and which would be prohibited or restricted by these regulations, may be continued subject to the following conditions:
A. 
Enlargement of buildings or structures. Buildings or structures containing a nonconforming use may be enlarged only upon issuance of a use variance by the Zoning Board of Appeals.
B. 
Expansion of area. The area of a lot occupied by a nonconforming use which does not involve a building, such as a nonconforming automobile sales lot, an equipment storage area, or a junk storage area, may be expanded only upon issuance of a use variance by the Zoning Board of Appeals.
C. 
Replacement of nonconforming single-wide mobile homes. An existing mobile home may be replaced with a larger or more recently manufactured mobile home, provided that:
(1) 
The provisions of § 130-19 of this chapter are complied with; and
(2) 
The older mobile home is replaced within one year of its removal; and
(3) 
The newer manufactured mobile home meets all zoning setback requirements stated in this chapter.
D. 
Unsafe structures. Any structure or portion thereof declared unsafe by proper authority may be restored to a safe condition provided that after restoration, the structure complies with minimum standards set forth in the New York State Uniform Fire Prevention and Safety Code.
E. 
Restoration. If a building is destroyed by fire, flood, or other act of God, then it may be rebuilt or restored to house the specific use that existed at the time of its destruction, but it shall not be rebuilt for any other nonconforming use.
F. 
Discontinuance. Whenever a nonconforming use has been discontinued for a period of one year, the use shall not thereafter be reestablished, and all future uses shall be in conformity with these regulations.
G. 
Changes. Once changed to a conforming use, no structure or land so changed shall be permitted to revert to a nonconforming use.
H. 
Ownership. Any nonconforming use sold to another party may be continued, provided that such use is reestablished within one year of the sale.