Newstead City Zoning Code
ARTICLE V
Nonconforming Uses and Structures
§ 450-41 Continuance.
Lots, structures, lawful uses of land and structures which lawfully existed at the time of the enactment of these regulations and which would be prohibited or restricted under the terms of these regulations may be continued subject to the following provisions.
§ 450-42 Intent.
It is the intent of these regulations to permit nonconforming uses to continue until they are removed but to minimize any adverse effect on adjoining properties.
§ 450-43 Enlargement.
[Amended 5-10-2010 by L.L. No. 1-2010]
A.
No nonconforming uses shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of the adoption of these regulations, except as noted below.
§ 450-44 Unsafe structures.
Any nonconforming structure or portion thereof declared unsafe by a proper authority may be restored to a safe condition.
§ 450-45 Alterations.
[Amended 10-26-1998 by L.L. No. 1-1998]
A nonconforming structure may not be reconstructed or structurally altered to an extent exceeding, in aggregate, 25% of the gross floor area of said structure, unless the structure shall be changed to a conforming use. A one- or two-family residential structure may be expanded even though the present structure violates current front or rear setback requirements, if the expansion does not result in any portion of the structure being in greater violation of such front or rear setback requirement than the existing structure. For purposes of illustration, if an existing structure is 50 feet from the right-of-way and Code requires a sixty-five-foot setback from the right-of-way, the structure can be expanded sideward so long as it is no closer than the fifty-foot front setback of the existing structure and the sideward expansion does not violate side setback requirements.
§ 450-46 Restoration.
[Amended 5-10-2010 by L.L. No. 1-2010]
A.
No nonconforming structure damaged by fire or other causes to the extent of more than 50% of its equalized assessed value, as determined by the Town Assessor, shall be repaired or built except in conformity with these regulations except as noted below.
B.
Nonconforming one- and two-family residential structures in the C-1 and C-2 Zoning Districts shall not be subject to this section and shall be allowed to be restored regardless of extent of damage caused by fire or other causes, provided that a building permit must be obtained and restoration begun within one year of a loss event, unless such time is extended by the Town Board for reasonable cause.
§ 450-47 Discontinuance.
Whenever a nonconforming use has been discontinued for a period of one year, such use shall not thereafter be reestablished, and any future use shall be in conformity with these regulations.
§ 450-48 Reversion to nonconforming use.
Once changed to a conforming use, no structure or land so changed shall be permitted to revert to a nonconforming use.
§ 450-49 Displacement of conforming use.
No nonconforming use shall be extended to displace a conforming use.
§ 450-50 Moving of buildings.
Should any structure be moved for any reason for any distance, it shall thereafter conform to the requirements for the district in which it is located after it is moved.
§ 450-51 Undersized lots.
A.
Any recorded lot held in ownership prior to the adoption of these regulations and whose area and/or width and/or depth are less than minimum requirements specified herein for the district may be considered as complying with these regulations, and no variance therefor shall be required, provided that:
B.
In any district where residences are permitted, such undersized nonconforming lots shall not be used for more than one single-family dwelling.
C.
A lot of nonconforming size may be subdivided if each and every subdivision of such lot is purchased by the owner or owners of the adjoining properties for the sole purpose of increasing the size of said owner's property.