Kingsbury City Zoning Code
ARTICLE VIIA
Nonconforming Uses and Buildings
§ 280-28 Nonconforming buildings and uses.
A.
Continuing existing uses. Except as otherwise provided in this article, the lawfully existing use of land or buildings existing at the time of the adoption of this chapter may be continued, although such uses do not conform to the standards specified in this chapter for the zone in which such land or building is located. However, no land shall be subdivided so as to create a nonconforming lot, use, building or other structure, nor shall a nonconforming lot, use, building or other structure be made more nonconforming than it was at the first date of adoption of this chapter.
B.
Nonconforming use of land. Where no building or structure is involved, the lawfully existing nonconforming use of land may be continued; provided, however, that no such nonconforming use shall be enlarged or increased, nor shall it be extended to occupy a greater area of land than that occupied by such use at the time of the first adoption of this chapter, unless specifically allowed by other provisions in this chapter, nor shall any such nonconforming use 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 the adoption of this chapter; provided, further, that if such nonconforming use of land or any portion thereof ceases for any reasons for any continuous period of more than one year, or is changed to a conforming use, any future use of the land shall be in conformity with the provisions of this chapter. No nonconforming use of land shall be changed to another nonconforming use.
C.
D.
Other nonconformity. No permit shall be issued that will result in the nonconformity or the increase of any existing nonconformity of any dimensional requirement as outlined in this chapter. Nothing in this chapter shall prevent the use of any lot or the erection of a building or other structure on any lot, which does not conform to the minimum area, shape or frontage requirements of this chapter, as of the first date of adoption of this section, provided that all other requirements of this chapter have been met and the owner of such lot does not own sufficient contiguous land within the Town of Kingsbury to make a nonconforming lot more nearly a conforming lot.
E.
Discontinuance. If a nonconforming use is discontinued for a period of 12 consecutive months, for any reason other than the required participation of any owner, a tenant or essential personnel of either in the military service, the further use of the property shall be terminated.
F.
Nonconforming junkyards. Notwithstanding any other provisions of this section, nonconforming junkyards may be continued only as provided herein:[1]
(1)
Nonconforming junkyards may be continued for a period of two years following the effective date of this section.
(2)
Within 60 days from the effective date of this section, the owner or operator of a nonconforming junkyard may apply to the Town Board for such additional amortization period beyond the two-year period provided herein as the Town Board determines is reasonable under the circumstances considering the public benefit to be achieved and the nonconforming owner or operator's economic loss. In applying for an additional amortization period, the owner or operator must provide competent evidence demonstrating the need for such additional amortization period considering its capital investment in the nonconforming use.
(3)
Nothing in this section shall relieve the person operating such a nonconforming junkyard from the requirement to obtain a junkyard license under applicable laws.