Italy Town City Zoning Code
ARTICLE XIV
Nonconforming Uses
§ 350-91 Continuation of existing or nonconforming uses.
Any use of land or building or facility or part thereof existing at the time this chapter becomes effective may be continued, although such building or facility or use does not conform to the provisions of this chapter, as a legal nonconforming use.
§ 350-92 Continuation of nonconforming lots.
A.
Any use of land or building or facility or part thereof existing at the time this chapter becomes effective may be continued, although such building or facility or use does not conform to the provisions of this chapter, as a legal nonconforming use.
B.
Any parcel existing at the time of passage of this chapter which is less than the required area or width or cannot meet the required front setback, and was owned or under contract for purchase by persons other than those owning or leasing adjoining lots at the time of adoption of this chapter, may be built upon and used for any use allowed for the zoning district in which that parcel is situated, provided that:
(1)
The lot has a front setback equal to at least 60% of the required minimum.
(2)
The minimum side and rear setback requirements can be met.
(3)
On site provision of water and wastewater disposal can be met.
§ 350-93 Abandonment of use.
When a legal nonconforming use has been discontinued for a period of at least one year, it shall not thereafter be reestablished irrespective of the reasons for such discontinuance or the intent of the owner of the premises or any other person. All future uses of the lot, parcel, building or facility or part thereof shall conform to the provisions of this chapter.
§ 350-94 Alterations.
No nonconforming building or facility shall be altered or extended except as authorized by the Planning Board/Zoning Board of Appeals.
§ 350-95 Changes and restorations.
A.
A nonconforming use can be changed to a conforming use, however, thereafter it shall not again be changed back to the prior nonconforming use.
B.
Nothing shall prevent the substantial restoration of a nonconforming use to its former condition or better, within 12 months, and the continued use of a nonconforming building or facility in the same manner as its use immediately prior to damage by fire, flood, earthquake, act of God or the public enemy.
§ 350-96 Repairs to and maintenance of nonconforming building or facilities.
A.
On any nonconforming building or facility ordinary repairs can be made, and any walls, fixtures, wiring or plumbing can be repaired or replaced, provided that the cubic content of the building or facility as it existed at the effective date of this chapter shall not be increased.
B.
Nothing in this chapter prevents the strengthening or restoring to a safe condition of any building or facility or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.