Fabius Town City Zoning Code
ARTICLE VIII
Nonconforming Uses; Unsafe Structures
§ 150-28 Nonconforming uses.
A.
Existing buildings. Nothing in these rules, regulations, restrictions or prohibitions shall be construed as changing the plans or uses of present buildings or the construction, use or occupation of any building for which a permit has been issued and the construction of such building has been diligently prosecuted within three months after the date of such permit.
B.
Change of occupancy.
(1)
Any building or structures now legally existing and used in any of said zones and not conforming to the rules, regulations, restrictions and prohibitions herein contained may be continued in use for such purposes as they are now used or for any purpose classified by the Town Zoning Board of Appeals, with the approval of the Town Board, as not more objectionable than the purpose for which they are now used.
[Amended 9-19-2022 by L.L. No. 5-2022]
(2)
If any area is transferred from one use district to another use district of a more restricted classification, any nonconforming use then existing within said area may be continued.
C.
Reconstruction of damaged or destroyed nonconforming use:
(1)
Rebuilding or repair. A building or structure employed in a legal nonconforming use, which has been completely or partially destroyed by means other than by intent or design may be rebuilt or repaired within one year thereafter and the nonconforming use thereof can continue therein.
D.
Continuation of nonconforming use:
(1)
Existing use. All property which at the effective date of this chapter is legally employed in a use which is not permitted hereunder in the use district in which said such property is located according to the Zoning Map forming a part thereof may, except as herein otherwise provided, continue as a nonconforming use, and shall enjoy their rights and be subject to the limitations regarding nonconforming use as provided by this chapter.
(2)
Termination of a permit. Any property for which a permit for specific use has been heretofore granted shall enjoy its rights to continue as a nonconforming use only until the date of termination of the permit granted prior to the enactment of this chapter.
E.
Alterations. A nonconforming building or structure employed in a nonconforming use, except as herein otherwise provided, may not be reconstructed or structurally altered to an extent exceeding the square footage or foot print, whichever is larger, as it existed at the time of enactment of the existing regulations.
F.
Extension. A nonconforming use shall not be extended except as above provided, but the extension of a lawful use of any portion of a nonconforming building, which existed prior to the enactment of this chapter shall not be deemed the extension of such nonconforming use.
G.
Abandonment. Whenever a nonconforming use has been 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.
H.
Changes to a higher classification.
[Amended 9-19-2022 by L.L. No. 5-2022]
(1)
Upon approval of the Town Zoning Board of Appeals, a nonconforming use may be changed to the use of the same or higher classification, and when it's such so changed to a higher classification, such use of thereafter shall not be changed to a lower classification.
(2)
The Town Zoning Board of Appeals shall only grant such change after a public notice and a public hearing thereon. The Zoning Board of Appeals, in granting or denying approval, shall take into consideration the character of the neighborhood, the adaptability of such premises to a conforming use, the effect of the proposed used in the neighborhood and the spirit and intent of this chapter. The Town Zoning Board of Appeals may establish such terms and conditions in granting approval as it deems necessary or appropriate to safeguard the health, safety and general welfare the neighborhood, as well as aesthetic considerations.
I.
District changes. Whenever the boundaries of a district shall be changed so as to transfer an area from on district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming use existing therein, and the effective date of applying these provisions shall be effective date of the change of zone.
§ 150-29 Unsafe structures.
The removal or repair of buildings in business, industrial and residential sections that from any cause may now be or shall hereafter become dangerous or unsafe to the public.
A.
Inspection and report. When in the opinion of the Codes Enforcement Officer, who is hereby designated as the enforcement officer of this chapter, any building or structure located in the Town shall be deemed to be dangerous or unsafe to the public, the Codes Enforcement Officer shall make a formal inspection thereof and report, in writing, to the Town Board his findings and recommendations in regard to the building or structure's removal or repair.
B.
Notice; posting.
(1)
The Town Board shall thereafter consider said report, and if it finds from said report that there is grounds to believe that such buildings are dangerous or unsafe to the public, the Town Board, by resolution, shall order its removal or repair, if the same can be safely repaired, and further order that a notice be served personally or by registered mail upon the owner or representatives, agents, lessees or any other person having a vested or contingent interest in the premises, as shown by the last preceding assessment roll of the Town and/or by the records of the County Clerk's office. If such service is made by registered mail, a copy of the notice must be posted on the premises.
(2)
A copy of such notice shall be filed in the office of the County Clerk of the county within which such building or structure is located, which notice shall be filed by such Clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules and shall have the same effect as a notice of pendency as therein provided, except as otherwise hereinafter provided. A notice so filed shall be effective for a period of one year from the date of filing; provided, however, that it may be vacated upon the order of a judge or justice of a court of record or upon the consent of the Town Attorney.
C.
Contents of notice. The notice shall contain the following statements:
(1)
A description of the premises.
(2)
A statement of the particulars in which the building structure is unsafe or dangerous.
(3)
An order requiring the same to be made safe and secure or removed.
(4)
That the securing or removal of said building or structure shall commence within 30 days of the service of the notice and shall be completed within 60 days thereafter.
(5)
A notice of public hearing, time and place.
(6)
The removal of such building or structure by the Town in the event that such owner fails or refuses to repair or remove the same within the time provided.
(7)
That the land on which said buildings or structures are located will be assessed for all costs and expense incurred by the Town in connection with the proceedings to remove or secure, including the cost of actually removing said building or structure.
D.
Costs to become a lien. All costs and expenses incurred by the Town in connection with the proceedings to remove or secure such building or buildings, including the actual cost of repairing or removal, shall be assessed upon the land upon which said building or buildings are located. Such assessment shall be assessed on the next assessment against such property, and the same shall be levied and collected in the same manner as the regular Town tax.