Milton City Zoning Code
ARTICLE X
Nonconforming Uses and Structures
§ 180-65 Applicability.
The following provisions shall apply to all buildings, structures and uses existing on the effective date of this chapter, to all buildings and uses that may become nonconforming or noncomplying by reason of any subsequent amendment to this chapter and the Zoning District Map which is a part thereof and to all complying buildings housing nonconforming uses.
§ 180-67 Nonconforming uses.
A.
Expansion. Nonconforming use shall not be enlarged or extended beyond the area occupied by such use at the time of the adoption of this chapter.
B.
Relocation. A nonconforming use 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.
C.
Modification. A nonconforming use shall not be changed to any other nonconforming use. A nonconforming use shall not be changed to any other use within the same use category as shown on the District Schedule of Use Regulations (§ 180-87) without prior approval by the Board of Appeals and then only to a use which, as determined by the Board of Appeals, is of the same or a more restricted nature.
D.
Destruction. If any building or structure in which a nonconforming use is conducted is hereafter removed or destroyed by fire, wind, explosion, structural failure or other natural cause to the extent of 50% or more of its true market value at the time of such damage, as adjusted from assessed value based upon State Board of Equalization rates, it shall not be repaired or rebuilt unless a special permit is granted by the Planning Board.
E.
Discontinuance. If a nonconforming use is discontinued for a period of 12 consecutive months, it shall not be renewed, and any subsequent use on that premises shall conform to the regulations of the district in which it is located.
§ 180-68 Nonconforming buildings or structures.
A.
Additions or alterations.
(1)
A nonconforming building or structure shall not be added to or enlarged in any manner unless such nonconforming building or structure, and the use thereof, is made to conform to all the regulations of the district in which it is located.
(2)
A nonconforming building or structure may not be altered except to a create a conforming building or structure.
B.
Maintenance and repairs.
(1)
A nonconforming building or structure is hereby required to be maintained in such condition as shall be made that it will not constitute a danger to the safety, health or general welfare of the public.
(2)
No structural alterations shall be made to any nonconforming building or structure 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.
C.
Discontinuance.
(1)
A building or structure or a portion thereof shall be deemed discontinued if the building or structure is vacant for 12 months or if there is a manifestation of a clear intent on the part of the owner to abandon the nonconforming building or structure.
(2)
If deemed discontinued, such building or structure shall not be reestablished, and any subsequent use shall not commence until the building or structure is brought into conformity with the provisions of the district in which the premises are located.
D.
Restoration. A nonconforming building or structure destroyed or damaged by fire, wind, explosion, structural failure or other natural cause to the extent of 50% or more of its replacement value at the time of such damage shall not be repaired or rebuilt unless the appropriate variances are granted by the Board of Appeals.
§ 180-69 Validity of building and zoning permits and subdivision approvals.
A.
A permit for a building, structure or use which does not comply with the provisions of this chapter will only be valid if it has been lawfully granted and under which construction has been started or a substantial change of position, expenditure or incurrence of obligation has occurred and which has been diligently pursued before the adoption of this chapter. Construction of such building or structure must be completed, or use initiated, within 18 months from the time of the adoption or amendment of this chapter.
B.
Subdivisions that have been granted preliminary or final plat approvals under Chapter 154 of the Town of Milton Code which would otherwise be noncomplying with Chapter 180 or Chapter 154 of the Code shall be allowed to continue to be developed as approved so long as the final subdivision approval, when and if granted, is filed in the office of the Saratoga County Clerk pursuant to the Town Law.