Johnstown Town City Zoning Code
ARTICLE VII
Nonconforming Uses, Buildings, Structures and Lots
§ 84-25 Purpose.
The general purpose of regulating nonconforming uses, structures and lots is to allow for the continued existence of such uses, structures and lots after a zoning change which would otherwise prohibit such use, structure or lot while gradually bringing everything into conformance by regulating how such uses and structures can be reestablished, repaired and restored. Additionally, these regulations allow the nonconforming uses and structures to be physically maintained, and encourage their upkeep so as to preserve safety, functionality and appearance within the Town.
§ 84-26 Nonconforming uses, buildings and structures.
Continuation. Any nonconforming use, building or structure which existed lawfully at the time of enactment of this chapter may be continued, subject to the regulations which follow in this article.
Nonconforming use of land. The nonconforming use of land shall not be enlarged or extended beyond the area of land occupied by such use at the time of the adoption of this chapter. A nonconforming use of land may not be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of adoption of this chapter. A nonconforming use of land shall not be changed to another nonconforming use. If a nonconforming use of land is discontinued for a period of 12 consecutive months, it shall not be renewed, and any subsequent use of the land shall conform to the regulations of the district in which the land is located.
Nonconforming use of buildings. Nonconforming use of a building shall conform with the following regulations:
Additions. Additions or enlargements shall not exceed 20% of the floor space of the pre-modified, nonconforming building. Changes in excess of 20% shall be allowed only if the nonconforming building and the use thereon are made to conform to all the regulations of the district in which it is located. Any addition or enlargement shall be in conformance with all applicable setback requirements, among others.
Alterations and repairs. No structural alterations shall be made to any nonconforming building unless such alterations are required by law; provided, however, that such maintenance and repairs as are required to keep a nonconforming building or structure in sound condition shall be permitted.
Change of nonconforming use. A nonconforming use may be continued, discontinued, or changed to a conforming use. When so changed, the nonconforming use may not be resumed. In no case shall a nonconforming use be changed to a different nonconforming use.
Discontinuance. A nonconforming use of a building or structure or a portion thereof which is discontinued shall not be lawfully reestablished as a nonconforming use. Subsequent use shall conform to the use regulations of the district in which the premises are located. A use shall be deemed to have been discontinued under any of the following conditions:
Vacancy of a nonconforming use building or discontinuance of a nonconforming use for a period of 12 consecutive months.
Restoration. A nonconforming building or use which is more than 50% destroyed as measured as a percent of floor area and as certified by either the Fire Chief, Code Enforcement Officer, or their designee shall be rebuilt, repaired, restored, or rehabilitated in full conformance with all applicable laws.
Eligible or duly registered federal or state historic structures may be exempt from the strict application of rules pertaining to nonconforming uses. Such structures may be rehabilitated pursuant to a plan reviewed by a historic preservation architect who certifies that the proposed rehabilitation plan will restore the historical character of the structure. However, damaged interior spaces and future interior uses shall be made to conform to all regulations of the district in which it is located.
Removal. If any building in which any nonconforming use is conducted is hereafter removed, the subsequent use of the land on which such building was located and the subsequent use of any building erected thereon shall conform to the regulations of the district.
Validity of permit. Any building for which a permit has been lawfully granted and on which the construction has been started and diligently prosecuted before the effective date of this chapter may be completed.
§ 84-27 Nonconforming lots.
If a lot of record, duly existing prior to the adoption of this Zoning Law or any applicable amendment thereto, fails to meet applicable density, set back or lot size standards as set forth herein, the lot may be developed with any compatible use listed for the zoning district in which such nonconforming lot is located provided that such lot has sufficient width, depth, and area to undertake development that will meet at least two-thirds of the current minimum yard setbacks and other dimensional requirements. Where two-thirds of current minimum yard setbacks and other dimensional requirements cannot be met, the owner shall have the right to apply for one or more area variances. All other provisions of this Zoning Law or other laws or regulations, which may be applicable, must also be met.