Williamsville City Zoning Code
§ 112-10
Nonconforming uses and structures.
[Amended 5-26-2015 by L.L. No. 7-2015; 10-26-2015 by L.L. No. 13-2015]
A.
Except as otherwise provided herein or elsewhere in this Code, the lawful use of land, buildings or structures existing at the date of the adoption of this chapter, or any amendments thereto, may be continued although such use, land, building or structure does not conform to the regulations specified by this chapter for the zone in which such land, building or structure is located.
B.
Any nonconforming use may be changed to any other use permitted in the district in which it is first permitted. Once a nonconforming use is changed to a conforming use or to a more restricted use, such use thereafter shall not revert to a less restricted use.
C.
Enlargement.
[Amended 10-11-2016 by L.L. No. 6-2016]
(1)
A nonconforming use shall not be enlarged or extended, except that in any Mixed Use (MU and NMU) or Manufacturing (M-1) District, a nonconforming building may be enlarged to an extent not exceeding 20%, in the aggregate, of the floor area devoted to such nonconforming use. In no case shall such enlargement extend beyond the lot occupied by the nonconforming use or violate any height, yard, parking area or other open space requirement of this chapter. When the total of all enlargements equals 20% of the floor area existing at the time the use became a nonconforming use, no further enlargement shall be permitted.
(2)
A nonconforming structure in any single- or two-family residential home may be enlarged or extended up to 20% or 300 square feet, whichever is lesser, provided that the enlargement does not increase the degree of the existing nonconformity and the enlargement or extension does not create a new nonconformity.
D.
Nothing herein shall be deemed to prevent normal maintenance or repair of a nonconforming building or structure or use thereof.
E.
No alteration, either interior or exterior, shall be made to a nonconforming building or structure except:
F.
Any nonconforming building or structure that has been destroyed or damaged by any means, other than deliberate demolition, shall be allowed to be rebuilt and shall maintain its nonconforming status, provided that:
(1)
The total floor area is not increased from the total floor area of the original nonconforming building or structure.
(2)
If any modification shall result in additional parking spaces being required or proposed, provision for the installation and design of such parking spaces shall be required by the Planning/Architectural Review Board as a precondition to approval of reconstruction.
(3)
Reconstruction shall commence within six months of date of damage or destruction.
H.
Nothing shall prevent the construction of a building or other structure which is made nonconforming by this chapter or any amendment thereto, provided that a building permit has been lawfully issued, and further provided that:
(1)
Construction of the foundation shall have commenced prior to the nonconforming date and completion shall have been diligently pursued.
(2)
The Board of Appeals determines that substantial expenditures have been made or substantial financial obligations have been incurred prior to the nonconforming date and completion has been diligently prosecuted.
I.
Abandonment.
(1)
In any district, whenever a nonconforming use of land, building or structure or any part or portion thereof has been discontinued for a period of six months, such nonconforming use shall not thereafter be reestablished, and all future uses shall be in conformity with the provisions of this chapter. Such discontinuance of the active and continuous operation of such nonconforming use or part or portion thereof for such period of six months is hereby construed and considered to be an abandonment of such nonconforming use, regardless of any reservation of an intent not to abandon the same or of an intent to resume active operations. If actual abandonment of the nonconforming use of land and/or buildings is in fact evidenced by the removal of buildings, structures, machinery, equipment or other evidences of such nonconforming use, the abandonment shall be construed to be completed, and all rights to reestablish or continue such nonconforming use shall be terminated immediately.
(2)
In addition to the requirements of § 112-10I(1), the use of any property or portion thereof to operate a drive-in service facility shall be deemed abandoned upon the change in the entity or individual owning, leasing or operating such property or drive-in service facility, regardless of any interruption in the operation of such drive-in service facility.