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New Lebanon City Zoning Code

§ 205-10

Nonconforming uses and buildings.

A. 
Continuation. A nonconforming use, building or structure that existed lawfully at the time of enactment of this chapter or amendment thereto may be continued, subject to the regulations that follow in this section. In order to constitute a lawful nonconforming use, the use must be active at the time of the enactment of this chapter or the amendment thereto.
B. 
Restoration. A nonconforming building, or a building or structure devoted to a nonconforming use, destroyed or damaged by fire, wind, explosion, structural failure or other natural causes may be repaired or rebuilt to its original exterior dimensions. The restoration of said building must be initiated within one year of the date of destruction or damage.
C. 
Nonconforming use.
(1) 
Extension, expansion, alteration. The nonconforming use of the land shall not be enlarged or extended beyond the size of the use or the area of land occupied by such use at the time of the adoption of this chapter or amendment thereto. A nonconforming use of land 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 at the time of adoption of this chapter.
(2) 
Changes. A nonconforming use of a building or land may not be changed except to a conforming use. When so changed, the nonconforming use may not be resumed thereafter.
(3) 
Discontinuance. A nonconforming use of land, buildings or structures, or a portion thereof, which has been abandoned or discontinued for a period of 12 consecutive months shall not be reestablished, and any subsequent use shall conform to the use regulations of the district in which the premises are located.
D. 
Nonconforming buildings.
(1) 
Additions. A nonconforming building may be added to or enlarged so long as the addition does not make the building any more nonconforming, except as provided in Subsection D(3) of this section.
(2) 
Alterations and repairs. Maintenance and repairs required to keep a nonconforming building or structure in sound condition shall be permitted. However, no structural alterations shall be made to a nonconforming building or structure, unless such alterations are required by law.
(3) 
Additions and alterations that would make a nonconforming building more nonconforming can be made only upon grant of an area variance pursuant to § 205-12. In considering an application for an area variance from the owner of a nonconforming building, the ZBA[1] shall consider the extent, nature and impact of the nonconforming aspects of the existing building as well as those related to the proposed enlargement pursuant to § 205-12C(3).
[1]
Editor's Note: The Zoning Board of Appeals.