Nichols Town City Zoning Code
ARTICLE IV
Nonconforming Uses
§ 194-33 Continuation of existing uses.
Any nonconforming use of land, buildings, parts thereof, or otherwise existing at the time this chapter takes effect may be continued, except that if they are voluntarily discontinued for 12 months or more, they shall then be deemed abandoned and any further use must be in conformity with the uses permitted in such district.
§ 194-34 Reconstruction or restoration.
Any building or structure existing as a nonconforming use at the time this chapter takes effect, which is destroyed by fire or the elements, may be reconstructed and restored to such nonconforming use and to its original dimensions, provided the same is done within 12 months from the date of the destruction.
§ 194-35 Buildings under construction.
Any building intended or designed for a nonconforming use, the construction of which has been started at the time this chapter takes effect, but not completed, may be put to such nonconforming use, provided it receives a certificate of occupancy from the Town's Code Enforcement Officer within 12 months after this chapter takes effect.
§ 194-36 Special permits.
A nonconforming structure may be demolished and replaced by a like nonconforming structure only by special permit of the Town Board. Permit procedures shall be those specified in § 194-45 of this chapter.
§ 194-37 Extension of nonconformity.
A building or structure devoted to a nonconforming use at the time this chapter takes effect may not be altered or enlarged so as to extend said nonconforming use more than 10% in area. Such a ten-percent extension shall be permitted only once for the building or structure for which it is approved.
§ 194-38 Nonconforming uses created by transfer of zoning district.
Whenever an area is transferred from one zoning district classification to a district of a different classification, the above regulations shall apply to nonconforming uses created by the transfer.
§ 194-39 Restrictions on prior uses.
The intended use of property prior to the time this chapter takes effect shall not be a justification for a nonconforming use after this chapter takes effect.
§ 194-40 Existing residential structures.
All lots with functional residential structures existing at the time this chapter goes into effect shall be deemed in compliance with all provisions of this chapter concerning setbacks and lot size.
§ 194-41 Gravel or sand mining areas.
[Added by L.L. No. 6-1997]
A.
The owner or holder of any property interest in any land within the I-B-A-R District in the northeast section of the Town, which district is generally bounded on the south and west by Stanton Hill Road, on the north by the Susquehanna River, and on the east by the Town of Owego, who delivers to the Town Clerk a notice of intent to mine, in the form set forth below, shall be vested with a property right to mine sand or gravel on or from said property for purposes of establishing a nonconforming use under this chapter or establishing a property right in any permit, authorization or approval which is now or may be required under the laws and ordinances of the Town of Nichols. Said property right shall vest as of the date upon which the notice of intent is delivered to the Town Clerk. Said property right shall be limited to rights under this chapter and the laws and ordinances of the Town of Nichols, and this section is not intended to create any property rights to any permit under New York State's Mined Land Reclamation Law, or any other state or federal law.
B.
The following form shall be delivered to the Town Clerk by certified mail, return receipt requested, or by any other means, including overnight delivery or hand delivery, for which proof of delivery is provided. Upon receipt, the Town Clerk shall file such form and shall maintain the original as part of the official records of the Town.
NOTICE OF INTENT TO MINE | ||
|---|---|---|
To: | Town Clerk, Town of Nichols | |
From: | [Insert name and address of property owner or holder of any property interest] | |
I am the owner [or describe property interest] of certain real property located within the Town of Nichols at [address and/or description of location of the property], more particularly described as [legal description of property] and comprising all or part of [tax identification number of the parcel(s)]. Pursuant to § 194-41 of the Town of Nichols' Zoning Local Law, I hereby provide notice to the Town of Nichols of my intent to mine the above described property. | ||
SIGNATURE | ||
|---|---|---|
Sworn to before me this _____ day of _____, _____. | ||
NOTARY PUBLIC | ||