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Ogdensburg City Zoning Code

§ 30-507

NONCONFORMING LOTS, STRUCTURES AND USES.

A. 
Lots.
1. 
Whenever the owner of a lot existing at the time of adoption of this chapter has dedicated or conveyed land to the Borough in order to meet the minimum street width requirements of the Official Map or Master Plan of the Borough, the Zoning Officer shall issue zoning and occupancy permits for lots whose depth and/or areas are rendered substandard only because of such dedication and where the owner has no other adjacent lands to provide the minimum requirements.
2. 
In all residential zones, any existing lot on which a building or structure is located and which lot does not meet the minimum lot size, or a structure which violates any yard requirements, may have additions to the principal building and/or construction of an accessory building without an appeal for variance relief provided: a) the existing use(s) on the lot are conforming to the permitted use(s) set forth on this chapter for the lot in question; b) the total permitted building coverage is not exceeded; c) the accessory building and/or addition does not violate any other requirements of this chapter such as, but not limited to, height, setback and parking and does not increase any existing non-conformity; and d) the lot is not reduced in size.
3. 
Existing lots in the BC zone shall be exempt from the lot size and yard requirements of Section 30-400 of this chapter.
B. 
Structures and Uses.
1. 
Any preexisting nonconforming use or structure existing at the time of the passage of this chapter may be continued upon the lot or in the structure so occupied and any such structure may be repaired in the event of partial destruction thereof. Partial destruction is defined as destruction equaling less than 50% of the replacement value of the use or structure.
2. 
Repairs and maintenance work required to keep a structure in sound condition may be made to a nonconforming structure or a conforming structure containing a nonconforming use, including renovation which may require structural alterations or reconstruction. However, no structure or use shall be enlarged, extended or expanded in any manner without an appeal for variance relief, unless specifically permitted elsewhere in this chapter.
3. 
A nonconforming use shall be considered abandoned if there is a cessation of the previous use or activity on the part of the owner or tenant; thereafter, such building, structure and/or land shall not be used in a nonconforming manner.
4. 
Any nonconforming use or structure which has been changed back again into a nonconforming use or structure.
5. 
Any nonconforming use, structure or lot may change ownership and continue to function as the same nonconforming use, structure or lot provided all other provisions of this chapter and other applicable laws are met.