Standford Town City Zoning Code
ARTICLE VIII
Nonconforming Uses; Noncomplying Structures
§ 164-40 Applicability.
The following provisions shall apply to all buildings, structures and uses existing on the effective date of this chapter, to all buildings and uses that may become nonconforming or noncomplying by reason of any subsequent amendment to this chapter and the Zoning District Map[1] which is a part hereof and to all complying buildings housing nonconforming uses.
[1]
Editor's Note: The Zoning Map is included in the pocket part at the end of this volume.
§ 164-41 Nonconforming uses.
Any lawful nonconforming use of buildings or open land in existence on the effective date of this chapter may be continued indefinitely, if maintained in accordance with all applicable codes, ordinances, regulations and other requirements, but shall not be:
Enlarged or extended, altered, reconstructed or restored, except as provided in this section, or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter.
Moved to another location where such use would be nonconforming.
Changed to another nonconforming use without prior approval by the Zoning Board of Appeals and then only to a use which, as determined by the Zoning Board of Appeals, is of the same or a more restricted nature.
Reestablished if such use has been discontinued for any reason, whether through vacancy or cessation of use, for a period of one calendar year or longer or has been changed to or replaced by a conforming use for any period of time, with the intent to resume a nonconforming use not conferring the right to do so.
While a nonconforming use may not be extended, nothing contained herein shall prohibit the extension of a permitted use to any portion of a noncomplying building or structure which existed prior to the effective date of this chapter. No nonconforming use shall, however, be extended to displace a presently conforming use.
§ 164-42 Noncomplying structures.
Nothing contained in this section shall be deemed to prevent normal repair and maintenance of, structural alteration within or enlargement of a noncomplying building, provided that such action does not increase the degree of or create any new nonconformity with regard to building setbacks, building height, lot coverage or other regulations pertaining to structures as set forth within this chapter.
Further, any noncomplying building or structure declared unsafe by the Building Inspector or other proper authority may be restored to a proper condition within the time period provided by such authority.
§ 164-43 Restoration after damage.
Nothing contained in this section shall be deemed to prevent the restoration of a lawful nonconforming use after damage for any reason or by any cause, such as fire, flood, wind or other act of God or man, provided that the bulk, height and area shall not be in excess of that which existed prior to damage, that all applicable New York State Uniform Fire Prevention and Building Code provisions shall be fully complied with and that the restoration shall be commenced within six calendar months of the damage and shall be fully completed within two calendar years of such occurrence.
§ 164-44 Termination of certain uses and/or structures.
Each of the nonconforming uses and/or structures specified below is deemed to be sufficiently objectionable and out of character within the zoning district in which such use is located as to depreciate the value of other property and uses permitted in the district and otherwise inhibit the proper, safe and orderly development of such district. Therefore, each such nonconforming use must be and shall be terminated on or before the expiration of the specified period of time after the effective date of this chapter. Said period of time is specified herein as one that is reasonable to permit the amortization of the remaining value, if any, of such use.
Notwithstanding the requirements of § 164-17, any nonconforming or noncomplying sign, accessory or nonaccessory, existing as of June 1, 1994, shall be permitted to exist and be maintained, repaired or replaced, provided that it is not moved, relocated or enlarged. If such sign is moved, relocated or enlarged, it must meet all of the requirements of § 164-17.
[Amended 10-13-1994 by L.L. No. 1-1994]
Any accessory sign existing on or after the effective date of this chapter which advertises a business no longer conducted, product no longer available or service no longer provided on the premises shall be removed from the premises by the owner of the sign and/or premises upon which the sign is located within 10 days after receipt of written notice from the Building Inspector to remove such obsolete sign.
Any sign including supporting structures unrelated to the activity on the site, except for authorized off-premises directional signs, shall be removed not more than three calendar years from the effective date of this chapter.
Any nonconforming automobile wrecking yard or other junkyard shall be discontinued not later than three calendar years from the effective date of this chapter.
§ 164-45 Completion of ongoing construction.
Any building, the construction of which has been legally started before the effective date of this chapter or of any amendment thereto, may be completed in accordance with plans on file with the Building Inspector, provided that all other required permits and approvals have been issued prior to the effective date and that such construction is diligently pursued and the building is completed within two calendar years of the adoption of this chapter or said amendment.