Hudson Falls City Zoning Code
ARTICLE XVI
Nonconforming Uses
§ 215-120 Continuation of use.
Subject to the provisions of this article, a nonconforming structure or use or a structure containing a nonconforming use may be continued and maintained in reasonable repair but may not be enlarged or extended as of the date of enactment of this chapter. This article shall not be construed to permit any unsafe use or structure or to affect all proper procedures to regulate or prohibit the unsafe use or structure.
§ 215-121 Extension, enlargement or change of use.
No building permit shall be issued and no nonconforming use shall hereafter be extended, enlarged or changed except following application for a use variance pursuant to Article XIV of this chapter.
§ 215-122 (Reserved) [1]
[1]
Editor's Note: Former § 215-122, Special extension of use, was repealed 9-14-2015 by L.L. No. 3-2015.
§ 215-123 Discontinuance of use.
If a nonconforming use is discontinued for a period of 12 consecutive months, further use of the property shall conform to this chapter or be subject to review by the Zoning Board of Appeals.
§ 215-124 Change in use.
If a nonconforming use is replaced by another use, such use shall conform to this chapter.
§ 215-125 Completion of structures.
Nothing contained in this chapter shall require any change in plans, construction, alteration or designated use of a structure for which all preconstruction approvals have been given prior to the adoption of this chapter.
§ 215-126 Destruction of structure.
A.
Area nonconformity. Any structure which is nonconforming due to a setback violation or, in the case of multifamily housing, due to greater intensity than would be allowed by this chapter, which is destroyed wholly or in part by fire, flood, wind, hurricane, tornado or other act beyond the control of man shall be allowed to reconstruct according to its original dimension and intensity within 24 months of said destruction.
B.
Use nonconformity. Any structure which is a nonconforming use according to the provisions of this chapter which is destroyed by fire, flood, wind, hurricane, tornado or other act beyond the control of man, to the extent of 50% of the assessed value of the structure or more, must be replaced within 24 months of the destructive incident. If within the twenty-four-month period the structure containing the nonconforming use is not rebuilt, the nonconforming use shall not be reestablished, and the property shall only be used for a conforming use.