Onondaga City Zoning Code
§ 285-27
Nonconforming elements.
Any modification of a nonconforming element subsequent to the enactment of this chapter and any amendment thereto, including any addition, enlargement, alteration, structural alteration or change in use, shall only be made subject to the following provisions:
A.
Nonconforming structures or buildings.
(1)
General maintenance and repair. Except as otherwise provided for in this section, nonconforming structures or buildings may continue to exist and be maintained and repaired.
(2)
Unsafe structures or buildings. Any structure or building or portion thereto declared unsafe by a proper official of the Town may be strengthened or restored to a safe condition.
(3)
Structural alterations.
[Amended 8-5-2002 by L.L. No. 5-2002]
(a)
General. A nonconforming structure or building may not be structurally altered or renovated unless the owner thereof shall first apply to the Zoning Board of Appeals and receive a special permit authorizing such alteration or renovation. In granting such a permit, the Zoning Board of Appeals must find that such proposed alteration or renovation will not be detrimental to the neighborhood.
(b)
Exceptions for certain alterations and renovations. If the projected construction cost of the alteration or renovation of a single- or two-family residential nonconforming structure does not exceed 25% of the assessed valuation of the structure as shown on the most current Town of Onondaga assessment roll and the proposed alteration or renovation does not encroach any closer to any property line that triggered such nonconformity than the existing building or structure, then the Codes Enforcement Officer may permit such alteration or renovation, provided that all other Code requirements are met and further that the proposed alteration or renovation is not considered by said Codes Enforcement Officer to be detrimental to the neighborhood. If there is any question or allegation as to any element of this exception, the application must be referred to the Zoning Board of Appeals.
(4)
Restoration. Nonconforming structures or buildings may be repaired or restored to their former condition after damage by casualty loss or deterioration due to the elements, except where damage involves more than 50% of the structure or building's market value as solely determined by the Code Enforcement Officer based upon input from the Town Assessors.
B.
Nonconforming uses.
(1)
Continuance. Except as otherwise provided herein, nonconforming uses may continue to exist.
(2)
Extension. A nonconforming use may be expanded into any portion of a building that existed as of the time of enactment of this chapter; otherwise, a nonconforming use shall not be further expanded or extended. However, this section shall not limit the extension or expansion of a nonconforming fire station use located in the One-Family Residential District, R-1; One-Family Residential District, R-2; and One-Family Residential District, R-3, provided the extension or expansion of the use occurs within the property boundaries and site of the fire station use existing at the time of amendment of this Subsection B(2) and further provided that said extension or expansion of the nonconforming use is subject to the issuance of a special permit as provided in § 285-39.
[Amended 1-7-2019 by L.L. No. 1-2019]
(3)
Conversion. No nonconforming use, if changed to a conforming use, shall thereafter be changed back to a nonconforming use.
(4)
Restoration. The provisions of Subsection A(4) regarding repair and restoration of a damaged nonconforming structure or building shall apply to a conforming structure or building containing a nonconforming use.
(5)
Discontinuance. Whenever a nonconforming use of a building, structure or land has been discontinued for a period of one year, such use cannot be reestablished.
C.
Nonconforming lots.
(1)
Modified yard requirements. The minimum lot width and area regulations herein set forth shall not apply to any lot having an area and/or width and/or depth less than that prescribed in this chapter, provided that such lot was designated and shown on a subdivision plat filed and recorded in the office of the Onondaga County Clerk or Town Clerk of the Town of Onondaga subsequent to September 1, 1971, and prior to the effective date of this chapter.
(2)
Nonconforming lot sizes. Whenever there shall have been legally created, prior to September 1, 1971, or as a result of transfer prior to said date, a lot of lesser width than required by the terms of this chapter for the district in which it is located, the minimum side yard width of such lot shall be proportionate to the side yard width otherwise required within such district, as the width of such lot is proportionate to the minimum lot width otherwise permitted in such district.