Village of Lawrence, NY Article X Nonconforming Buildings and Uses

§ 212-64 Designation and determination of nonconformance.

A nonconforming building or use is:

A. A building or use which existed when the Building Zone Ordinance of the Village of Lawrence was adopted on October 22, 1931, and complied with all of the requirements of the ordinances of the Village immediately prior to the adoption of such ordinance but which failed to conform to the requirements of the ordinance so adopted.

B. A building or use which existed when an amendment of such Building Zone Ordinance was adopted and which complied with all of the requirements of the Building Zone Ordinance immediately prior to the adoption of such amendment but failed to comply with the requirements of the Building Zone Ordinance as so amended.

C. A building or use which may hereafter exist when an amendment of this chapter is adopted and which complies with the requirements of this chapter immediately prior to the adoption of such amendment but which fails to comply with the requirements of this chapter as so amended.

§ 212-65 Restrictions on continuation, reconstruction or alteration.

Except as provided in § 212-66 of this article, any nonconforming use may be continued, and any building designed, arranged or intended for or devoted to a nonconforming use may be reconstructed or structurally altered and the nonconforming use therein changed, subject to the following regulations:

A. The structural alterations made in such building shall in no case exceed its assessed value. nor shall the building be enlarged, unless the use therein is changed to a conforming use.

B. No nonconforming use shall be extended at the expense of a conforming use.

C. No building or premises devoted to a use permitted in the district in which it is situated shall be changed to a use excluded from or not permitted in such district.

D. A nonconforming lot having an area less than the minimum provided for the district in which it is situated, whose ownership at the time such nonconformity arose and at all times thereafter differed from the ownership of all adjoining property, may be improved, and a building may be constructed, altered or enlarged thereon, provided that such building and lot comply with all of the requirements of the district in which such lot is situated, other than regulations as to minimum area.

E. A nonconforming lot improved with a building which has either or both side yards less in width than the minimum provided for the district in which it is situated may be altered, extended or enlarged, provided that no side yard is reduced in width and, further, provided that any extension or enlargement of the building shall conform to the minimum yard requirements herein provided for such district.

§ 212-66 (Reserved) [1]

[1] Editor's Note: Former § 212-66, Signs, was repealed 1-9-2002 by L.L. No. 1-2002. See now Art. VII, Signs.

§ 212-67 Reconstruction of destroyed buildings.

Nothing in this chapter shall prevent the restoration of a building destroyed by fire, explosion, act of God or act of a public enemy to the extent of not more than 50% of its value or prevent the continuance of the use of such building or part thereof as such use existed at the time of such destruction of such building or part thereof or prevent a change of such existing use under the limitations provided by § 212-65 of this article. Any building destroyed in the manner aforesaid. to an extent exceeding 50% of its value at the time of such destruction, may be reconstructed and thereafter used only in such a manner as to conform to all the provisions of this chapter. Nothing in this chapter shall prevent the restoration of a wall or other part of a building declared unsafe.

§ 212-68 Real property acquired by Village.

Where any real property is acquired by the Village of Lawrence for a public use, whether by dedication, purchase. condemnation or otherwise, and, as a result of such acquisition. other real property not so acquired fails to conform to the regulations of this chapter or Chapter 70, Building Construction and Fire Prevention, in force at the time of such acquisition, the Board of Trustees may, by general resolution authorizing the improvement or by special resolution authorizing the acquisition of a specific parcel of real property, adopt other regulations applying to such real property which fails to conform as aforesaid, which shall take the place of the regulations with which it fails to conform; provided, however, that such resolution or regulation shall be adopted in the same manner as a local law amending this chapter or Chapter 70, Building Construction and Fire Prevention and generally.