Weedsport Village City Zoning Code
ARTICLE XVII
Nonconformities
§ 215-149 Continuation.
The lawful use of any structure or land existing at the time of adoption or amendment of this chapter may be continued although such use does not conform to the provisions of this chapter except as otherwise provided in this article.
§ 215-150 Alteration or extension.
A use of land or structure which does not conform to the regulations of this chapter shall not be altered, reconstructed, extended or enlarged except in accordance with the following provisions:
A.
Such alteration or extension shall be permitted only upon the same lot as in existence at the date the use became nonconforming.
B.
Any increase in volume, area or extent of the nonconforming use shall not exceed an aggregate of more than 50% of the area allocated to a nonconforming use during the life of the nonconformity.
C.
Any increase in volume, area, or extent of the nonconforming use shall be in accordance with the other provisions of this chapter.
D.
For the purposes of this section, "volume" does not mean volume of business but rather an increase of cubic volume within a structure or on a parcel of land.
§ 215-151 Restoration.
No structure damaged by fire or other causes to the extent of more than 75% of its fair market value shall be repaired, reconstructed, or used except in conformity with the regulations of this chapter. Structures with damage to the extent of 75% or less of the fair market value may be reconstructed, repaired, or used for the same nonconforming use subject to the following provisions:
A.
The reconstructed structure shall not exceed the height, area or volume of the damaged structure, except as provided by § 215-150 above.
B.
Reconstruction, or sufficient evidence of intent to reconstruct, shall begin within six months from the date of damage and shall be carried on without interruption. Submitted building permit applications, signed contracts for reconstruction work, or other evidence acceptable to the code enforcement officer may be considered acceptable proof of intent to reconstruct.
§ 215-152 Abandonment.
Whenever a nonconforming use has been discontinued for six consecutive months, such use shall not thereafter be reestablished and any future use shall be in conformity with the provisions of this chapter.
§ 215-153 Changes.
Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to another nonconforming use only under the following conditions:
A.
Such change shall be permitted only by special use permit, under the provisions of Article VII.
B.
The applicant shall show that the nonconforming use cannot reasonably be changed to a use permitted in the district where such nonconforming use is located. The burden of proof is on the owner of the use or applicant for the special use permit being sought.
C.
The applicant shall show that the proposed change will be less objectionable in external effects than the existing nonconforming use with respect to:
(1)
Traffic generation and congestion, including truck, passenger car and pedestrian traffic.
(2)
Noise, smoke, dust, noxious matter, heat, glare, and vibration.
(3)
Storage and waste disposal.
(4)
Appearance.
§ 215-154 Displacement.
No nonconforming use shall be extended to displace a conforming use.
§ 215-155 District changes.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses or structures existing therein or resulting from such change of district.
§ 215-156 Nonconforming lots of record.
Lots duly noted upon the tax rolls of the Village at the time of enactment of this chapter which do not comply with the lot requirements for any permitted use in the district in which they are located shall be deemed to be nonconforming lots of record.