Palmyra Village City Zoning Code
ARTICLE VI
Nonconforming Uses
§ 200-38 Continuation of lawful uses.
Except as otherwise provided in this section, the lawful uses of land or buildings existing at the time of adoption of this chapter may be continued, even though such use does not conform to the regulations specified by this chapter for the district in which such land is located. Any lawful use existing at the time of the adoption of this chapter or any amendment thereof which, if such existing lawful use would require a special permit in the district in which it is situated if it had been newly created while this chapter was in effect, may be continued and shall be deemed to be a nonconforming use, but any modification, change or extension thereof, except as specifically permitted, shall be subject to the issuance of a special permit as provided in this chapter.
§ 200-39 Regulations for nonconforming uses of land.
A.
Enlargement. No nonconforming use shall be enlarged or extended off the lot or lots of record occupied by such use at the time of the adoption of this chapter nor shall a nonconforming use be enlarged or extended on the lot, except within the confines of an existing building.
B.
Change of use. No nonconforming use may be changed by the addition or substitution of other processes or operations, except on the granting of a special permit by the Board of Appeals in accordance with Article VII.
C.
Movement. No nonconforming use or building shall be moved in whole or in part to any other portion of the lot occupied at the time of the adoption of this chapter, except on the granting of a special permit by the Board of Appeals in accordance with Article VII.
D.
Cessation of land use. If any nonconforming use of land ceases for any continuos period of not less than one year for any reason other than direct participation of the owner or tenant in military service, any subsequent use of such land shall be in conformity to the regulations specified by this chapter for the district in which such land is located.
§ 200-40 Regulations for nonconforming uses of structures and buildings.
A.
Change to other nonconforming use. A nonconforming use of building may be changed to another nonconforming use, which, on the granting of a special permit in a determination of the Board of Appeals, is of the same nature or conforms more closely to the character of the neighborhood in accordance with Article VII.
B.
Cessation of building use. If any nonconforming use of a building ceases for any reason, other than direct participation of the owner or tenant in military service for a continuous period of not less than two years, or if the building in or on which such use is conducted or maintained is moved for any distance whatsoever, then any future use of such building shall be in conformity to the regulations specified by this chapter for the district in which such building is located. If any building in or on which any nonconforming use is conducted or maintained is hereafter removed, the subsequent location and use of any building thereon shall be in conformity to the regulations specified by this chapter for the district in which such land is located.
C.
Destruction of nonconforming building. If at any time any building in existence or maintained at the time of the adoption of this chapter and not conforming to the regulations for the district in which it is located shall be destroyed by any means to an extent that the remaining value is less than 50% of the market value, the immediate area occupied by said building shall thenceforth be subject to all the regulations specified by this chapter for the district in which such land and buildings are located.