Cortland City Zoning Code
ARTICLE XII
Nonconforming Uses and Structures
§ 300-120 Purpose.
A.
This article regulates and limits the continued existence of uses, structures, lots, and all accessory uses and structures established prior to the effective date of this chapter that do not conform to the regulations set forth by this chapter in the applicable zoning districts in which such nonconformities are located. Such nonconforming uses, buildings, or lots are subject with the regulations set forth in this article for the purposes of the following:
(1)
To permit these nonconformities to continue, but to minimize any adverse effect on adjoining properties and development.
(2)
To regulate their maintenance and repair.
(3)
To restrict their rebuilding if substantially destroyed.
(4)
To require their permanent discontinuance if not operated for certain periods.
(5)
To require the conformity if they are discontinued, and to bring about the eventual compliance with the objectives of the City's Comprehensive Plan and this chapter.
§ 300-121 Existing nonconforming lot, uses, and structures.
A.
All uses, lots, buildings and structures legally established at the time of the enactment of this chapter may be continued as nonconforming should they fail to conform to the provisions of this chapter.
B.
Normal maintenance and repair of a nonconforming building or building occupied by a nonconforming use are permitted if they do not extend the nonconforming use. No structural alteration or enlargement shall be made except where required by law (i.e., court order).
C.
A building, use or occupancy lawfully existing at the time this chapter or any amendment thereto becomes effective but which does not conform to the off-street parking and loading requirements shall be brought into compliance within two years of the enactment of this chapter.
D.
If an existing building, use or occupancy is altered so that there is an increase in the number of dwelling units, seating capacity, employees or floor area, or if the use is changed to one requiring more off-street parking and loading spaces, the number of such spaces shall be provided at least equal to the number required for the increased area of the building or use in accordance with all provisions of this chapter.
E.
No parcel or lot, after the adoption of this chapter or amendment thereto, shall be used or divided in a manner which prevents or diminishes compliance with the requirements established by this chapter or amendments thereto.
F.
Lots subdivided prior to the adoption of this chapter or any amendment and not meeting the minimum lot size requirements may be built upon, provided that the bulk requirements for any use within the district are met except as provided in this chapter.
§ 300-122 Status of unlawful lots, uses and structures.
A.
No unlawful lot, building, use or structure existing at the time of the enactment of this chapter shall be deemed a nonconforming use, lot, building or structure. Such matters are not entitled to any of the protections granted by this chapter.
§ 300-123 Alteration and renovation.
A.
A nonconforming building or structure may be altered or renovated if such alteration or renovation does not increase its degree of nonconformity.
§ 300-124 Involuntary damage.
A.
Any nonconforming building or structure damaged by a cause other than the voluntary act of the owner may be rebuilt or restored to its original condition prior to such damage. The rebuilding or restoration must be commenced within 12 months after the date of damage. If the restoration or rebuilding is not commenced within 12 months, the nonconforming rights are terminated.
§ 300-125 Extension or enlargement.
A.
Extension or enlargement of a nonconforming use shall mean:
(1)
The enlargement of a building so as to create additional floor space.
(2)
The extension within any existing building to any portion of the floor area not formerly used for such nonconforming use, except where such additional floor area was manifestly designed for such use at the time such use became nonconforming.
(3)
The extension of the use to any area outside of the building.
(4)
In the case of a nonconforming, nonbuilding land use, the use of any additional land on which no substantial operations were previously conducted, provided that any such extension or enlargement is on the same lot occupied by the nonconforming use on the effective date of this chapter.
(5)
An accessory building(s) to a legally existing nonconforming residential use, in a nonresidential zoning district, is permitted by right, provided that the accessory building(s) meets the minimum side/rear yard requirement for the district in which the property is located and provided that the accessory building complies with all other requirements for such buildings.
B.
No nonconforming use may be expanded into any building or lot, or portions thereof, not used for such uses on the day of the enactment of this chapter. However, a nonconforming use may be extended throughout any parts of a building or lot which were manifestly arranged or designed for such use at the time of the enactment of this chapter.
§ 300-126 Involuntary interruption of nonconforming uses.
A.
Any nonconforming use interrupted by a cause other than the voluntary act of the owner may be resumed. The resumption must commence within 12 months after the date of interruption. If the resumption is not commenced within 12 months, the nonconforming use rights are terminated.
§ 300-127 Voluntary abandonment of nonconforming uses.
A.
Whenever a nonconforming use has been discontinued, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter. A use shall be deemed to have been discontinued under any of the following circumstances:
(1)
The vacancy of a building occupied by a nonconforming use for a continuous period of six months, except that if during said six-month period any person interested in said building as a mortgage holder commences or is a party to any legal proceeding involving legal title to or an interest in said building, said period of continuous vacancy may be up to one year. Any person so interested who is prevented, by circumstances beyond their control, from concluding such legal proceeding within said one-year period shall be entitled to a time extension from the Zoning Officer upon the recommendation of the Zoning Board of Appeals in thirty-day periods and no more than one additional year to conclude such legal proceeding.
(2)
The vacancy of unimproved land occupied by a nonconforming use for a period of six months.
§ 300-128 Changes in nonconforming uses.
A.
Once changed to a conforming use, no building, lot or structure except by operation of law (zoning variance) may be permitted to revert to a nonconforming use.