North Hornell Village
City Zoning Code
City Zoning Code
ARTICLE VI
Nonconforming Uses
§ 140-32 General provisions.
Lots, structures, uses of land and structures and characteristics of use which lawfully existed at the time of the enactment of these regulations or any amendment thereto, and which would be prohibited or restricted under these regulations may be continued if operated under the terms of the following provisions.
§ 140-33 Intent.
It is the intent of these regulations to permit nonconforming uses to continue until they are removed, but not to encourage their survival.
§ 140-34 Enlargement.
No nonconforming use 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.
§ 140-35 Displacement.
No nonconforming use shall be extended to displace a conforming use.
§ 140-36 Unsafe structures.
Any structure or portion thereof declared unsafe by a proper authority may be restored to a safe condition. However:
A.
A nonconforming structure shall not be reconstructed or structurally altered, exceeding a aggregate cost of 50% of the full value of said structure, unless the structure shall be changed to a conforming condition.
B.
A nonconforming structure damaged by fire or other causes to the extent of more than 75% of its full value shall not be repaired or rebuilt except in conformity with the requirements of these regulations.
§ 140-37 Discontinuance.
Whenever a nonconforming use shall have been discontinued for a period of six months, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of these regulations.
§ 140-38 Changes.
Once changed to a conforming use, any structure or land so changed shall not be permitted to revert to a nonconforming use.
§ 140-39 Moving.
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.
§ 140-40 Demolition.
Once a nonconforming structure is demolished or removed, it shall not be reconstructed except in compliance with these regulations.
§ 140-41 Undersized lots of record.
A.
Any recorded undeveloped lot held in single and separate 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 only that the lot meets the minimum setback requirements set by § 140-16 of these regulations.
B.
In any district where residences are permitted, such undersized nonconforming lots may be used for not 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 to increase the size of said owner's property.