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Saranac Lake Village
City Zoning Code

ARTICLE IX

Nonconforming Uses, Buildings, Structures and Lots

§ 106-47 Applicability.

The following provisions shall apply to all uses, buildings, structures and lots lawfully existing on the effective date of this code and also to all uses, buildings, structures and lots that may become nonconforming by reason of any subsequent amendment to this code and the Zoning Map.

§ 106-48 Continuation; abandonment; restoration; unsafe structures.

A. 
Nonconforming uses. A lawful use which is rendered nonconforming by the enactment of this code or by reason of any subsequent amendment to this code or to the Zoning Map may be continued, provided that it is not abandoned. (See § 106-48G, below.) If a nonconforming use is abandoned, it may not be resumed. The increase or expansion of a nonconforming use is prohibited.
B. 
Nonconforming buildings or structures. A lawful building or structure which is rendered nonconforming by the enactment of this code or by reason of any subsequent amendment to this code or to the Zoning Map may continue to exist, subject to the other provisions of this article.
C. 
Unsafe buildings or structures. Any lawful building or structure or portion of that building or structure rendered nonconforming by the enactment of this code or by reason of any subsequent amendment to this code or to the Zoning Map, and which is declared unsafe by a proper authority, may be restored or otherwise made to be in a safe condition, provided:
(1) 
That it is otherwise lawful to put such building or structure into a safe condition;
(2) 
The building or structure will not become any more nonconforming as a result of the measures taken to make it safe; and
(3) 
The building or structure is made safe within 12 months of being declared unsafe.
D. 
Restoration. Any lawful building or structure or portion of such building or structure rendered nonconforming by the enactment of this code or by reason of any subsequent amendment to this code or to the Zoning Map, which is damaged or destroyed by fire, flood, high winds or other accident or natural causes, may be repaired or rebuilt on the same building footprint and to the same dimensions, including height, provided such repair or rebuilding is completed within 12 months of the date of damage or destruction. However, a building or structure which is not conforming as to front setback and which is destroyed shall be rebuilt to meet the front yard setback for the district in which it is located, if the dimensions of the lot would permit doing so without causing any new or greater setback violation elsewhere on the lot. The total square footage of such rebuilt structure shall not exceed the total square footage of the structure that was damaged or destroyed.
E. 
Expansion; enlargement.
(1) 
No building or structure rendered nonconforming by the enactment of this code or by reason of any subsequent amendment to this code or to the map may be expanded or enlarged.
(2) 
No building, structure or facility used or occupied for a nonconforming use may be expanded or enlarged for the same use or be used, occupied, expanded or enlarged for any other nonconforming use.
F. 
Structural alterations. Except as provided for in § 106-48D and E above, a nonconforming building or structure which is used for or occupied by a nonconforming use shall not be structurally altered to an extent exceeding, in total, the replacement value of the building or structure, unless the use of the building is changed to a conforming use.
G. 
Abandonment. From enactment of this code, an inactive nonconforming land use has 12 months to resume. After enactment of this code, any consecutive twelve-month period without reactivation will result in the nonconforming land use being permanently classified as nonpermissible.