Elbridge Town City Zoning Code
ARTICLE XI
Nonconforming Lots, Buildings, Structures And Uses
§ 265-68 Nonconformity defined.
Every lot, building, structure or use not conforming to the regulations of the district in which it is located at the time of adoption of this chapter shall be a nonconformity.
§ 265-69 Merger of nonconforming lots.
All nonconforming contiguous lots in common ownership shall be merged to the extent required to create a lot which conforms to the area and width requirements of the district within which such lot is located.
§ 265-70 Continuation.
All legal buildings, structures and uses existing as of the adoption of this chapter which become nonconforming by reason of the adoption of this chapter may continue; however, shall not be enlarged or altered in a way which increases its nonconformity, and shall not be enlarged or altered to occupy a greater area of land. However, as to a residence upon a lot which conformed to the zoning code in effect on October 26, 2011, a front porch, a deck, or an accessory building not to exceed 350 square feet may be constructed to the extent that it would have been allowed under the prior zoning code, provided that it is constructed on or before October 26, 2016.
All use variances granted prior to the adoption of this chapter may continue to the extent that they conform in use and area to that which was extant when approved by the Zoning Board of Appeals. The owner of any such property shall apply to the Planning Board for site plan review within six months of the effective date of this chapter. The purpose of such application shall be to verify conformity with the allowed area and conditions of the use variance imposed by the Zoning Board and compliance with any other requirements of the Elbridge Code.
§ 265-71 Extension of use.
A nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption of this chapter. A nonconforming use may not be changed to another nonconforming use.
§ 265-72 Placing in safe condition.
Nothing in this article shall be deemed to prevent the strengthening or restoring to a safe condition of any structure declared unsafe by any public official.
§ 265-73 Abandonment of use.
§ 265-74 Destruction of building.
A nonconforming building which has been destroyed by any means other than an act of God or a fire to the extent of 50% or more of either its value or its bulk may only be rebuilt as a conforming building.
§ 265-75 Abandonment of building.
A nonconforming building which has not been occupied for a period of six consecutive months or for 18 months during any three-year period may not thereafter be occupied until it is altered to comply with this chapter.