Owasco Town City Zoning Code
ARTICLE XIX
Nonconformities
§ 150-126 Application.
All lawful structures and uses nonconforming to the regulations of the district in which they area located at the time of the effective date of this chapter or amendments thereto shall be known and regarded as "nonconforming."
§ 150-127 Continuation.
A nonconforming use or structure may be continued subsequent to the adoption of this chapter, provided that no such structure may be enlarged or altered in any way which increases its nonconformity, and no use shall be enlarged or increased to occupy a greater area of land than was occupied at the effective date of adoption of this chapter except in accordance with § 150-128 below.
§ 150-128 Alterations and extensions.
A nonconforming use or structure may not be enlarged, moved or expanded, increased in intensity, nor may a nonconforming use or structure be changed except to a conforming use or structure. Such prohibited activity shall include the expansion of a nonconforming use within a building or other structure to any portion of the floor area that was not occupied by such legal nonconforming use on the effective date of this chapter, or any amendment to this chapter, which causes such use to become nonconforming.
§ 150-129 Restoration.
No structure damaged by fire or other causes to the extent of more than 75% of its fair market value shall be repaired, reconstructed, or used except in conformity with the regulations of this chapter.
Structures with damage to the extent of 75% or less of the fair market value may be reconstructed, repaired, or used for the same nonconforming use, subject to the following provisions:
The reconstructed structure shall not exceed the height, area, or volume of the damaged structure except as provided in § 150-129 above.
The structure shall be stabilized as immediately as practicable after the event of damage to the structure.
Reconstruction shall begin within six months from the date of damage and shall be carried on without interruption.
§ 150-130 Abandonment, discontinuation of use.
Whenever a nonconforming use has been abandoned for a period of 12 consecutive months, such use shall not thereafter be reestablished and any future use shall be in conformity with the provisions of this chapter.
§ 150-131 Changes.
Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.
A nonconforming use may be changed to another nonconforming use only under the following conditions:
The applicant shall show that the proposed change will be less objectionable in external effects than the existing nonconforming use with respect to:
§ 150-132 Displacement prohibited.
No nonconforming use shall be extended to displace a conforming use.
§ 150-133 Changes in district boundary lines.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses or structures existing or created by such transfer.
§ 150-134 Zoning permit required.
Zoning permits shall be issued by the Code Enforcement Officer for all nonconforming uses existing at the effective date of this chapter. The zoning permit shall include a statement that the use is nonconforming and shall list the specific conditions under which said use may continue. It shall be signed by both the Code Enforcement Officer and the owner. The burden of seeking out and securing a zoning permit for a nonconforming use is that of the owner and not the Code Enforcement Officer.