Scotia City Zoning Code
ARTICLE XV
Nonconforming Buildings and Uses
§ 250-70 Intent.
The object of this Article is to guide future development of residential areas to avoid excessive and undesirable population densities. It is not intended to eliminate or interfere with the normal occupancy of existing dwellings designed for two-family use, even though situated within a district now designated for single-family residences only.
§ 250-71 Nonconforming buildings.
Any building existing at the time of passage of this chapter which fails to meet the height, bulk or other structural standards or occupies a greater percentage of the lot area than allowed may continue to be used or occupied as a nonconforming building subject to the following conditions:
A.
Alterations and additions. A nonconforming building may be remodeled or extended in bulk. However, horizontal extensions shall conform to side yard and setback requirements and the entire building, together with such extension, shall occupy no more of the lot area than is permitted for the district in which it is located.
B.
Repair of damage. A nonconforming building damaged by fire or other cause to the extent of more than 80% of its replacement cost may be restored or rebuilt only in conformity with the regulations of this chapter.
C.
Unsafe condition. A nonconforming building or portion thereof declared unsafe by proper authority may be restored to a safe condition. If, however, the cost of such restoration shall exceed 50% of the equalized full value thereof, the building shall be restored to a conforming condition only.
D.
Discontinued occupancy. Whenever a nonconforming building shall have become vacant or unused for a period of one year, occupancy or use shall not be resumed until it is made to conform to the requirements of the district within which it is located.
§ 250-72 Nonconforming uses.
The use of any land or building, including access driveways thereto, existing at the time of passage of this chapter, even though contrary to the provisions hereof, may be continued as a nonconforming use, subject to the following restrictions and conditions:
A.
No extension of use. A nonconforming use shall not be extended or enlarged, but the introduction of a conforming use into any portion of the area shall not be deemed an extension.
B.
Change of use limited. Once changed to a conforming use, no land or building shall be permitted to revert to a nonconforming use.
C.
Discontinued use. Whenever a nonconforming use of any land or building shall have become discontinued for a period of one year, such use shall not be thereafter resumed, and any future use shall be in conformity with the provisions of this chapter.
§ 250-73 Discontinuation of certain uses.
Existing nonconforming uses shall become unlawful and prohibited uses and shall be discontinued as follows:
A.
Junkyards. Auto wrecking yards and junkyards shall be discontinued four years from the date of passage of this chapter.
B.
Other uses. Any nonconforming business use within a residential district may be declared unlawful and prohibited in the following manner:
(1)
A petition for discontinuance of a nonconforming use may be submitted to the Board of Appeals by at least three affected owners of property located within 300 feet of said nonconforming use.
(2)
The petition shall be referred to the Planning Board for its study and recommendation. The Planning Board shall either submit a report within 30 days from such referral or it shall be deemed to have approved said petition.
(3)
The owner of the nonconforming property complained of shall be given 10 days' written notice of a time and place that the Board of Appeals will hear his objections to its proposed action.
(4)
The Board of Appeals, after due consideration, shall either reject the petition or declare the nonconforming use an unlawful and prohibited use and issue an order that it be discontinued within such reasonable time limit as the Board may determine within which the owner's investment can be amortized.
§ 250-74 District changes.
Whenever the boundaries of any district shall be changed so as to transfer an area from one district to another of different classification, the foregoing provisions shall also apply to any nonconforming structures and uses existing therein.