Gates City Zoning Code
ARTICLE XI
Nonconforming Uses, Structures and Lots
§ 190-42 Nonconforming use.
Unless otherwise provided for elsewhere in this chapter, any use of land or structure, which use was lawful at the time of the effective date of this chapter, may be continued; provided, however, that such use shall have continued in operation, does not constitute a nuisance and shall not be enlarged, altered or changed in area, activity or content during its continuance, except as provided otherwise by proper authority.
A.
Any nonconforming use which has ceased its usual conduct of such business for a period of six months or more shall be considered to have terminated and may not thereafter commence operation.
B.
Any use which was in violation of the Zoning Ordinance of the Town of Gates, New York, effective February 5, 1963, shall not be regarded as nonconforming under this chapter.
§ 190-43 Nonconforming structure.
A.
The use or occupancy of a nonconforming structure which was a lawful structure at the time of the effective date of this chapter may be continued; provided, however, that no enlargement, change or alteration shall be permitted upon such nonconforming structure, except upon a finding by the Code Enforcement Officer that such enlargement, change or alteration will produce greater compliance with the requirements of this chapter; and further provided that no enlargement, change or alteration of a nonconforming structure housing a nonconforming use shall be permitted.
[Amended 5-6-2019 by L.L. No. 1-2019]
B.
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure, or part thereof, declared to be unsafe by any official charged with providing for the public safety, which strengthening or restoration is ordered by such official.
§ 190-44 Nonconformance: lot size, open space, height or building size regulations.
A.
Any building, other structure or use of land which is made nonconforming by any lot size, open space, height or building size regulations of this chapter, or by any subsequent amendments thereto, may be continued, except as hereinafter provided.
B.
Such nonconforming building, other structure or use of land may be enlarged or extended, provided that any such enlargement or extension shall comply with the regulations of this chapter.
§ 190-45 Destruction of structure.
Nothing in this chapter shall prevent the restoration, rebuilding or repairing of any nonconforming use, which structure has been damaged by fire, acts of God or any act of a public enemy, subsequent to the effective date of this chapter, provided that such restoration or construction is commenced within six months after the destruction and is completed within one year of the date of destruction. For any structure containing a nonconforming use which is destroyed, by any cause, to an extent exceeding 75% of its fair market value, as indicated on the latest assessment records of the Town of Gates, the future structure or use on the site shall conform to this chapter.
§ 190-46 Maintenance.
Nothing in this chapter shall prevent the renovation or repair of nonstructural members or the maintenance of a nonconforming structure made necessary by ordinary wear and tear.
§ 190-47 Prior building permits.
Nothing in this chapter shall nullify any duly issued building permits issued prior to the effective date of this chapter, provided that work is commenced and diligently prosecuted within one year from the date of issuance of such building permit.
§ 190-48 Accessibility to public right-of-way.
No zoning permit or occupancy permit shall be issued for any new land use activity where there is no reasonable access from the lot or area upon which such activity is located to an existing public street; provided, however, that this provision shall not prohibit the continued use of any structure or lot as such use existed at the effective date of this provision.