Elmira City Zoning Code
ARTICLE XI
Nonconforming Structures, Uses and Lots
§ 217-96 Continuation of nonconforming structures and uses.
Any lawful structure or use of premises existing at the time of enactment of this chapter, or any subsequent amendment thereof applying to such structure or use of premises, may be continued although such structure or use of premises does not conform to the provisions of this chapter; provided, however:
A.
Nothing herein contained shall be construed to render lawful any use not lawfully conforming to provisions of this chapter hereby repealed.
B.
No nonconforming structure or use may be expanded, enlarged, extended or increased, except as set forth in Subsection D hereof.
[Amended 10-21-2002 by L.L. No. 1-2002]
C.
Every sign or other advertising device that lawfully exists at the enactment of this chapter which violates or does not conform to the provisions of this chapter shall be removed or altered so as to conform within five years of the enactment.
D.
When a structure is nonconforming because a portion of the structure is nearer the lot line than is permitted by existing zoning, the structure may not be expanded, enlarged, extended or increased towards the lot line which creates the nonconforming structure.
[Added 10-21-2002 by L.L. No. 1-2002]
§ 217-97 Discontinuance.
A.
Any structure or lot which is used for or occupied by a nonconforming use and which is changed to or replaced by a conforming structure or use shall not thereafter be used for or occupied by a nonconforming use or structure.
B.
When a nonconforming use has been discontinued for a period of one year, it shall not thereafter be reestablished and the future use shall be in conformity with the provisions of this chapter.
§ 217-98 Necessary maintenance and repairs.
A nonconforming structure or nonconforming use may be repaired or restored to a safe condition, except as specified in § 217-100.. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any wall, floor or roof which has been declared unsafe by the Code Enforcement Officer.
§ 217-99 Construction started prior to enactment or amendment.
Any structure for which a building permit was issued prior to the effective date of this chapter, or prior to the effective date of any subsequent amendment of this chapter, may be completed and used in accordance with the approved plans and specifications for that structure.
§ 217-100 Existing undersized lots.
A.
Any lot held in single and separate ownership and use from adjoining lots prior to the adoption of this chapter, and whose area is less than the specified minimum lot requirements of this chapter for the district, may be considered as complying with such minimum lot requirements and no variance shall be required, provided that all of the following minimum conditions are met:
(1)
Such lot does not adjoin any other lot or lots held by the same owner where the aggregate area of such adjoining lots is equal to or greater than the minimum lot area required for that district.
(2)
Such lot has an area of at least 5,000 square feet and a minimum width of at least 40 feet at the required setback line if it is to be used for residential purposes.
(5)
All other bulk requirements for that district are complied with.
(6)
All standards and requirements for sewage treatment/disposal and water supply, as set by the county and state, can be met on the lot.
B.
In any district where residences are permitted, such undersized nonconforming lots may be used for not more than one single-unit dwelling.
§ 217-101 Alterations.
A nonconforming building may not be renovated or structurally altered during its life to an extent exceeding in aggregate value 50% of the replacement cost of the building unless said building is changed to conform to the requirements of this chapter.
§ 217-102 Restoration or reconstruction.
[Amended 11-19-2001 by L.L. No. 1-2001]
If a nonconforming building or land use activity or part thereof has been destroyed or damaged by any means, it may be rebuilt or restored as a nonconforming building or use only if reconstructed or restored with the same or less floor area and cubic content and with the same, or an improved, general site layout as that of the original structure. Board of Appeals approval of reconstruction or restoration plans shall be required if the cost to cure the damage exceeds 50% of the replacement cost of the improvements on the premises immediately prior to the damage, and the Board may impose conditions on such approval if such conditions would improve an otherwise bad situation and bring the nonconforming use or activity more in conformity with the regulations for the district in which it is located.
§ 217-103 Reduction in lot area.
A building permit shall not be issued for any lot that is reduced in area so that it creates a nonconforming bulk or use in violation of this chapter.