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Marcellus Town City Zoning Code

§ 235-20

Nonconforming structures, uses, and lots.

A. 
Defined. A nonconforming use is any structure, use, or lot, lawfully existing at the time of the enactment of this chapter or any amendment affecting such structure, use, or lot that does not conform to the regulations of the zone in which it is located.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Continuation. A nonconforming use may be continued subsequent to adoption of this chapter or any amendment affecting such use, but the structure shall not be enlarged or altered in a way which increases its nonconformity, and the use shall not be enlarged or increased to occupy a greater area of land.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Extension. A nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption of this chapter or any amendment affecting such use. A nonconforming use may not be changed to another nonconforming use.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
Placing in safe condition. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure declared unsafe by any public official.
E. 
Alteration or resumption of use. A nonconforming structure or use may not be altered, rebuilt, or resumed, except in conformity with the regulations for the district in which it is located, under the following conditions:
(1) 
It has once been changed to a conforming use.
(2) 
A nonconforming use of land has ceased for any reason for a period of more than 30 days.
(3) 
A nonconforming use of a structure has ceased for a consecutive period of six months or for 18 months during any three-year period. An application for time extension for up to 12 months may be submitted to the Zoning Board of Appeals for consideration.
F. 
District changes. Whenever an area is transferred from a district of one classification to a district of a different classification, the above regulations shall apply to nonconforming uses created by such transfer.