West Carthage City Zoning Code
ARTICLE VIII
Nonconforming Uses
§ 91-34 Applicability.
All structures and uses not conforming to the regulations of the district in which they are located at the time of adoption of this chapter shall be known and regarded as "nonconforming."
§ 91-35 Continuance; alteration or enlargement; repairs.
A.
A nonconforming structure or use may be continued subsequent to adoption of this chapter, provided that no such structure may be enlarged or altered in a way which increases it nonconformity and no such use shall be enlarged or increased to occupy a greater area of land than was occupied at the effective date of adoption of this chapter.
B.
A nonconforming use may be extended throughout any parts of a structure which were manifestly arranged or designed for such use at the time of adoption of this chapter. A nonconforming use may not be changed to another nonconforming use disallowed by this chapter.
C.
To avoid undue hardship, nothing herein contained shall require any change of plans, construction or designated use of a structure for which a building permit was issued more than 30 days prior to enactment of this chapter and the construction of which is begun and diligently prosecuted within three months after the enactment hereof.
D.
On any structure devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding 10% of the current replacement value of the structure, provided that the cubical content of the structure as it existed at the time of passage of this chapter shall not be increased.
E.
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any Village official charged with protecting the public safety, upon order of such official.
§ 91-36 Reversion, resumption and restoration.
A nonconforming structure or use may not be altered, rebuilt or resumed except in conformity with the regulations for the district in which it is located if:
A.
Either a nonconforming structure or nonconforming use has once been changed to a conforming use.
B.
A nonconforming use of land has ceased for any reason for a period of more than 60 days.
C.
A nonconforming use of a structure has ceased for any reason for a consecutive period of six months or for 18 months during any three-year period.
D.
A nonconforming structure is destroyed by any means to the extent of 60% or more of either its value or its bulk.
§ 91-37 District changes.
Whenever the boundaries of a district shall be changed so as to transfer an area from a district of one classification to a district of a different classification, the foregoing provisions shall apply to nonconforming uses created by such transfer.