Fort Edward Town City Zoning Code
ARTICLE IX
Nonconforming Uses and Structures
§ 108-46 Continuation.
A use, building or structure lawfully in existence at the effective date of this chapter which shall be made nonconforming at the passage of this chapter or any applicable amendment thereto may be continued except as otherwise provided in this Article.
§ 108-47 General regulations.
No existing building or premises devoted to a nonconforming use shall be enlarged, extended, reconstructed, substituted or structurally altered except when changed to a conforming use or when required to do so by law and as follows:
A.
Restoration. Any nonconforming structure damaged may be restored, reconstructed or used as before, provided that the floor area of such use, building or structure shall not exceed the floor area which existed prior to such damage. All repairs shall be completed within one year after damages occur or such use shall not be rebuilt except as a conforming use.
B.
Displacement. A nonconforming use shall not be extended to displace a conforming use.
C.
Change of use.
(1)
A nonconforming use or structure shall not be changed into a use which is permitted in a less restrictive district.
(2)
A nonconforming use may be changed into a conforming use.
(3)
A nonconforming use which is not permitted in any district or which is permitted only as a special use may only be changed into a conforming use.
D.
Repairs. Normal maintenance repair and incidental alteration of a structure containing a nonconforming use is permitted, provided that it does not extend the area or volume of space occupied by the nonconforming use. A building or other structure containing residential nonconforming uses may be altered in any way to improve interior livability. No structural alterations shall be made which would increase the number of dwelling units.
E.
Prior approval. Nothing herein contained shall require any change in the plans, construction or designated use of a building complying with existing laws, a permit for which shall have been obtained before the date of adoption of this chapter or any applicable amendment thereto, and the ground-story framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit, and the entire building shall have been completed according to such plans as have been filed within one year of the date of adoption of this chapter or any applicable amendment thereto.
§ 108-48 Termination of use.
The discontinuance of a nonconforming use for a period of one year and/or the change of use to a more restricted or conforming use for any period of time shall be considered an abandonment thereof, and such nonconforming use shall not thereafter be revived. Intent to resume active operations shall not affect the foregoing.
§ 108-49 Nonconforming industrial uses.
A.
The provisions of this article shall not apply, except as noted herein specifically, to any nonconforming industrial use located in a residential zone which exists on the effective date of this chapter; provided, however, that no change shall be made in the basic type of industrial operation or additions be made to the existing operation which is noxious, offensive, hazardous, detrimental to the comfortable enjoyment of life or injurious to human, plant or animal life and property or to the health, safety and general welfare of the community.
B.
No land devoted to nonconforming industrial use shall be extended beyond its property boundaries as existed at the effective date of this chapter. A nonconforming industrial use may be changed into a conforming use.