Newfane Town City Zoning Code
ARTICLE XII
Nonconforming Uses, Buildings or Structures
§ 270-12.1 Applicability.
These provisions shall apply to all buildings or structures, and all uses of buildings or structures, or lots lawfully existing prior to the effective date of this chapter, or of subsequent amendments, revisions or re-enactments of such chapter, which do not conform to the provisions of said zoning ordinance, or to such revisions or re-enactments on their effective dates.
§ 270-12.2 Unlawful buildings, structures, or uses not to be construed as nonconforming.
No unlawful building or structure, or unlawful use of a building or structure or lot existing at the effective date of this chapter shall be deemed to be a nonconforming building, structure, or use.
§ 270-12.3 Continuance.
Any lawful use occupying any building, structure, lot or land at the time of the effective date of this chapter, or any amendment thereto, which does not comply, after the effective date of this chapter or any amendment thereto, with the use regulations of the district in which it is situated, may be continued in the building or structure or upon the lot or land so occupied, except as provided in § 270-12.7.
A building or structure used by a nonconforming use shall not be reconstructed, structurally altered, restored or repaired to an extent exceeding 50% of the replacement cost of such building or structure, exclusive of foundations, unless the use of such building or structure is changed to a conforming use.
A nonconforming building or structure that is not devoted to a nonconforming use may be reconstructed, structurally altered, restored or repaired, in whole or in part, and the provisions of Subsection B shall not apply, except that the degree of nonconformity shall not be increased.
A nonconforming lot separately owned and not adjoining any lot or land in the same ownership at the effective date of this chapter may be used, or a building or structure may be erected on such a lot for use, in accordance with all the other applicable provisions of this chapter, provided that proof of such separate ownership is offered in the form of a title search.
An existing building designed and used for a conforming use but located on a nonconforming lot, whether the building is conforming or nonconforming with respect to lot coverage and minimum yard requirements, may be reconstructed, structurally altered, restored or repaired in whole or in part, except that the degree of nonconformity shall not be increased.
§ 270-12.4 Extension.
A nonconforming use shall not be enlarged or extend, except as provided in § 270-13.4D(2).
§ 270-12.5 Change.
A nonconforming use shall be changed only to a conforming use, except as provided in § 270-13.4D(2).
§ 270-12.6 Abandonment.
A nonconforming use shall be deemed to have been abandoned:
When it is changed to a conforming use.
In cases where such nonconforming use if of a building or structure designed for such use, when it has been voluntarily discontinued for a period of 12 consecutive months.
In cases where such nonconforming use is of a building or structure not designed for such use, or is of a lot or land whereon there is no consequential building or structure devoted to such use, when it has been voluntarily discontinued for a period of six months.
A nonconforming use that has been abandoned shall not thereafter be reinstated.
§ 270-12.7 Compulsory termination.
A nonconforming structure or nonconforming use may be subject to compulsory termination by the municipal legislative body when it is found detrimental to the conservation of the value of surrounding land and improvements, or to future development of surrounding lands, and therefore is tending to deteriorate or blight the neighborhood.
In ordering the compulsory termination of a nonconforming structure or nonconforming use, the municipal legislative body will establish a definite and reasonable amortization period during which the nonconforming use may continue while the investment value remaining after the date of the termination order is amortized. Determination of the amount to be amortized shall be based on the value and condition of the land and improvements for the nonconforming use, and such other reasonable costs as the termination may cause. The rate of amortization shall be in accordance with reasonable economic practice.