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Niagara City Zoning Code

ARTICLE VII

Nonconforming Uses

§ 245-35 General.

A. 
Applicability. Except as otherwise provided in this article, the unlawful use of land or buildings existing at the date of the adoption of this code may be continued although such use or building does not conform to the regulations specified by this code for the zone in which such land or building is located; provided, however, that:
(1) 
No nonconforming lot shall be further reduced in size.
(2) 
No nonconforming building shall be enlarged, extended or increased unless such enlargement, approved by the Zoning Board of Appeals, would tend to reduce the degree of nonconformance.
(3) 
No nonconforming use may be expanded.
B. 
Changes in use. No nonconforming use shall, if once changed into a conforming use, be changed again to a nonconforming use.
C. 
Extension of use. A nonconforming use shall not be extended, but the extension of a lawful use to any portion of the nonconforming building which existed prior to the enactment of this code shall not be deemed the extension of such nonconforming use.
D. 
Reconstruction/alteration. A nonconforming building may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate the cost of 50% of the assessed value of the building unless said building is changed to conform to the requirements of this code.
E. 
District changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein or created thereby.
F. 
Discontinued use. Variances and special use permits previously issued by the Town for home occupations prior to the adoption of this amendment shall be discontinued upon:
(1) 
Abandonment under § 245-36 of this code;
(2) 
Transfer of ownership to a third party; or
(3) 
Failure to renew the annual Town business registration as required by the Town of Niagara Town Code, Chapter 125, by January 30 of the following year.

§ 245-36 Abandonment.

A nonconforming use shall be considered abandoned when there occurs a cessation of any use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of six months from the date of cessation or discontinuance.