Moreau City Zoning Code
ARTICLE IX
Nonconforming Buildings, Structures and Uses
§ 149-52 Existing uses.
The lawful use of any building, structure or land existing at the time of the enactment of this chapter may be continued although such use does not conform to provisions of this chapter.
A.
Unsafe structures. Any structure or portion of that structure declared unsafe by a proper authority may be restored to a safe condition.
B.
Restoration. Any building damaged by fire or other causes may be repaired or rebuilt for the same, but not a different, nonconforming use.
C.
Alterations. A nonconforming building used for a nonconforming use shall not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost the replacement value of the building unless said building is changed to a conforming use.
D.
Extension. Any nonconforming use, building or structure may be enlarged upon issuance of a special permit by the Zoning Board of Appeals, up to, but not more than, 50% of its floor or lot area as it existed at the time of passage of this chapter. Such enlargement must conform to all other regulations of the district in which it is located and may be used only once for each nonconforming use.
E.
Previous extension. Any nonconforming use, building or structure which was enlarged to 50% of its floor or lot area under provisions of the Zoning Ordinance in existence prior to this chapter may not be enlarged or extended again under the provisions of this Article.
F.
Displacement. No nonconforming use shall be extended to displace a conforming use.
G.
Abandonment. No nonconforming use which shall have ceased for a period exceeding two years shall be resumed.
H.
Changes. A nonconforming use may be changed to another nonconforming use of a more restrictive classification, and when so changed to a more restrictive use, it shall not again be changed to a less restrictive use.
§ 149-52A Special provisions for hotels, inns, tourist cabins and motels.
[Added 3-22-2011 by L.L. No. 2-2011]
Any hotel, inn, tourist cabin or motel or any similar structure or facility, which was originally intended for use or used as a hotel, inn, tourist cabin or motel upon the effective date of this chapter, or is a structure that is a conforming use for a hotel, inn, tourist cabin or motel upon the effective date of this chapter, which is not in compliance with the amendments enacted to this chapter through Local Law No. 2 of 2011,[1] shall be afforded six months from the date of being provided written notice of the said amendments to this chapter to come into compliance with the said amendments to this chapter and with any other applicable sections of this chapter. Failure to do so shall constitute a violation of this chapter and more particularly § 149-9, Applicability, hereof.
[1]
Editor's Note: Adopted 3-22-2011.
§ 149-53 Effect on buildings under construction.
Nothing herein contained shall require any change in plans, construction or designated use of a building for which lawful construction has commenced prior to the effective date of this chapter and is diligently continued. The entire building shall be completed within two years from the effective date of this chapter or shall be deemed in violation of this chapter.
§ 149-54 Effect of district changes.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provision shall also apply to any nonconforming uses existing therein.
§ 149-55 Lot area exceptions.
A.
Any nonconforming lot of record as of the date of this chapter which does not meet the minimum lot area and/or minimum lot width requirements of this chapter for the zoning district in which such lot is situated shall be considered as complying with such minimum lot requirements, and no variance shall be required.
B.
Any nonconforming lot of record in an approved subdivision as of the date of this chapter which does not meet the minimum lot area and/or the minimum lot width requirements of this chapter for the zoning district in which such lot is situated shall be exempt from such minimum lot requirements, and no variance shall be required, if said lot is shown and delineated on a subdivision plat of land into residential use, duly approved by the Moreau Planning Board subsequent to the effective date of the first Zoning Ordinance of the Town of Moreau, and said subdivision plat has been duly filed in the office of the Saratoga County Clerk in accordance with law.