Stockport Town City Zoning Code
ARTICLE VII
Nonconforming Uses and Structures
§ 120-60 Establishment of regulations.
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 by reason of any subsequent amendment to this chapter and the Zoning District Map which is a part thereof, and to all conforming buildings housing nonconforming uses.
§ 120-61 Nonconforming uses.
A.
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:
(1)
Shall not be enlarged or extended by more than 50%, 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, nor shall any external evidence of such use be substantially increased by any means whatsoever.
(2)
Shall not be moved to another location where such use would be nonconforming.
(3)
Shall not be 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.
(4)
Shall not be 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.
B.
While a nonconforming use may not be extended, nothing contained herein shall prohibit the extension of a lawful use to any portion of a nonconforming structure which existed prior to the effective date of this chapter. Further, nothing contained herein shall prohibit the replacement of any mobile home legally existing in the Town of Stockport at the time of adoption of this chapter, provided that the replacement structure is in full compliance with the specific standards established in § 120-39B(1) through (4), which compliance shall be reviewed in accordance with the special use permit procedure stated within Article V. No nonconforming use shall, however, be extended to displace a presently conforming use.
§ 120-62 Nonconforming structures.
Nothing contained in this section shall be deemed to prevent normal repair and maintenance of or structural alteration within a nonconforming structure, provided that such action does not increase the degree of or create any new nonconformity. Further, any nonconforming structure declared unsafe by the Code Enforcement Officer or other proper authority may be restored to a proper condition within the time period provided by such authority.
§ 120-63 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, 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 be fully complied with and that the restoration be commenced within six months of the damage and be fully completed within two calendar years of such occurrence.
§ 120-64 Mobile homes.
In districts where new mobile homes are not allowed, a mobile home inhabited as of the effective date of this section shall be deemed a lawful, nonconforming use, provided that it continues to be at the same location it occupies on the effective date of this section. A mobile home that has been abandoned for more than two years in a district that does not allow new mobile homes shall not be replaced.