Livonia City Zoning Code
ARTICLE VIII
Nonconforming Uses, Buildings and Lots
§ 150-70 Nonconforming uses and buildings.
A.
Except as otherwise provided in this chapter, the otherwise lawful use of land or buildings existing on the date of the adoption of this chapter may be continued although such use or building does not conform to the regulations specified in this chapter. However, the following provisions shall apply to all such nonconforming uses:
(1)
No nonconforming lot shall be further reduced in size.
(2)
No nonconforming building shall be enlarged, extended or increased under any circumstances except pursuant to the restrictions set forth in § 150-71.
[Amended 2-7-2013 by L.L. No. 1-2013]
(3)
No nonconforming use may be expanded except by grant of a variance by the Joint Zoning Board of Appeals.
(4)
Existing single-wide manufactured homes lawfully in place may be replaced by single-wide manufactured homes which meet the requirements of the New York State Uniform Fire Prevention and Building Code and Federal Department of Housing and Urban Development (HUD) standards and shall comply with Article VII, § 150-61.
B.
Discontinuance. In any district, whenever a nonconforming use of land, premises, building or structure, or any part or portion thereof, has been discontinued for a period of one year, such nonconforming use shall not be reestablished, and all future uses shall be in conformity with the provisions of this chapter. Such discontinuance of the active and continuous operation of such nonconforming use, or a part or portion thereof, for such period of one year is hereby construed and considered to be an abandonment of such nonconforming use regardless of any reservation of an intent not to abandon the same or of an intent to resume active operations. If actual abandonment in fact is evidenced by the removal of buildings, structures, machinery, equipment and other evidences of such nonconforming use of the land and premises, the abandonment shall be construed and considered to be completed, and all rights to reestablish or continue such nonconforming use shall thereupon terminate.
C.
Any nonconforming building damaged by fire or other natural causes to the extent of more than 50% of its assessed value shall be repaired or rebuilt within one year of said destruction. Failure to rebuild within one year will constitute abandonment and require compliance with this chapter.
D.
Changes. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use.
§ 150-71 Nonconforming lots.
A residential lot existing at the time of passage of this chapter which is less than the required area or width or cannot meet the required front, side or rear setbacks for any residential use in the district may be used for residential purposes, provided that the setbacks equal at least 60% of the required minimum.