Minoa City Zoning Code
ARTICLE IX
Nonconforming Uses
§ 160-26 General regulations for nonconforming uses.
[Amended 6-20-2011 by L.L. No. 2-2011]
The following regulations shall apply to the continuance of nonconforming uses, except those nonconforming uses related to signs and provided for at § 160-17.1G of this chapter.
§ 160-27 Violative structures or uses.
[Amended 2-6-2017 by L.L. No. 1-2017]
Any nonconforming use or structure and owner/occupant duly noticed as being in violation of any Village, county or state law, order or regulations relating to property maintenance, fire, and/or similar or other health or safety legal requirements shall timely be brought into compliance within such time(s) as indicated in such notice or shall lose the rights to maintain such nonconforming structure and/or use; provided, however:
A.
That such violation notice was issued in compliance with applicable laws, rules and regulations; and
B.
That such time(s) for compliance and any failure to comply shall be extended for good cause except in the event of a violation(s) likely to cause bodily injury, death or significant property damage and in which case pending any extended cure period the premises have been vacated and secured so as to minimize such potential.
§ 160-28 Alteration, extension or increase.
[Amended 2-6-2017 by L.L. No. 1-2017]
A nonconforming structure or use may not be renovated, reconstructed, altered, so as to extend or increase its nonconforming character (an "alteration" or "altered") in any way except upon grant of the appropriate relief by variance issued by the Board of Zoning Appeals in accordance with the provisions of Article XI of this chapter and Village Law § 7-712-b, except as follows:
A.
A nonconforming use or structure in any zoning district may be so altered to a conforming use or structure.
B.
Nonconforming structures and uses in all zoning district may be so altered upon the issuance of a special permit by the Village Board pursuant to § 160-50A through E hereof, and provided, however, that in connection therewith no such alteration shall result in any new or greater violation of any area or dimensional requirement of the subject district nor of any other district where such nonconforming use or structure is permitted as of right or by special permit, whichever requirement is most restrictive and more protective of nearby properties. No such special permit shall be issued if requiring a waiver to conform with the foregoing area or dimensional requirements.
§ 160-29 Construction approved prior to adoption of chapter.
Nothing contained in this chapter shall require any change in plans, construction or designated use of a structure for which a building permit was issued more than 30 days prior to the enactment of this chapter and the construction of which shall be diligently prosecuted within three months after that enactment.
§ 160-30 Restoration.
[Amended 2-6-2017 by L.L. No. 1-2017]
A nonconforming use or structure which has been completely or partly destroyed by fire or casualty not caused by the criminal, intentional, reckless or grossly negligent act or omissions of the owner or party asserting nonconforming status may be constructed or repaired within one year and may thereafter be continued.
§ 160-31 Abandonment.
[Amended 2-6-2017 by L.L. No. 1-2017]
Whenever a nonconforming use or use of a nonconforming structure has been discontinued for a period of one year, such use shall not subsequently be reestablished.
§ 160-32 District changes.
[Amended 2-6-2017 by L.L. No. 1-2017]
Whenever the boundaries of a district shall be changed so as to reclassify a district or part thereof to a district of a different classification, the above provisions shall apply from the effective date of such reclassification to nonconforming uses and structures created by such reclassification.