A.
A nonconforming use is any use, whether a building
or tract of land or both, existing on the effective date of this chapter
which does not conform to the use regulations of the district in which
it is located.
B.
The following provisions shall apply to all nonconforming
uses existing on the effective date of this chapter which do not conform
to the requirements set forth in this chapter and to uses that become
nonconforming by reason of any subsequent amendment to this chapter:
[Amended 11-14-2001 by L.L. No. 8-2001]
(1)
Nonconforming uses. Any nonconforming use of buildings
or open land, except as specified herein, may be continued indefinitely
but shall not be:
(a)
Changed to another nonconforming use without
special permission from the Board of Appeals, and then only to a use
which, in the opinion of said Board, is of the same or a more restricted
nature.
(b)
Reestablished if such use has been discontinued
for any reason for a period of one year or more or has been changed
to, or replaced by, a conforming use. Intent to resume a nonconforming
use shall not confer the right to do so.
(2)
Except as provided in Subsection B(3) below, no building which houses a nonconforming use shall be:
(a)
Moved to another location where such use would
be nonconforming; or
(b)
Restored for other than a conforming use after damage from any cause of 75% of the replacement cost of such building, exclusive of foundations. Any such damaged building may be restored but not enlarged if application for a building permit is made within six months and the nonconforming use is reinstated within one year of such damage. If the restoration of such building is not completed within the provisions of § 225-39H, the nonconforming use of such building shall be deemed to have been discontinued, unless such nonconforming use is carried on without interruption in the undamaged portion of such building.
(3)
A nonconforming use of buildings or land in a district
may be enlarged, extended, intensified or remodeled upon obtaining
a permit from the Board of Appeals specifying the conditions of such
enlargement. No permit shall be issued unless the Board of Appeals
shall find that:
(a)
Practical difficulties prevail in operating
the premises or structures in the presently existing nonconforming
manner such that the proposed extension or remodeling would constitute
reasonable adjustment of the existing nonconforming use or remodeling
will reduce the nonconforming use.
(b)
The proposed extension will not have a deleterious
effect on the neighborhood of the existing nonconforming use. In determining
deleterious effect, the Board of Appeals shall take into consideration,
among other things, traffic safety, nuisance characteristics, manner
of operation, total ground area covered by structure and appearance
and condition of premises.
(c)
The proposed extension or remodeling will not
be more incompatible with or adversely alter the model and character
of the neighborhood and neighborhood structures or prejudice value
of adjoining properties.
(d)
Adequate or on-site parking and loading space
will be provided all potential users.
(e)
The proposed extension or remodeling will not
unduly restrict fire and police protection of the premises and of
surrounding properties.
(f)
Such enlargements shall not extend beyond the
boundaries of the lot occupied by such nonconforming use at the time
such use became nonconforming, nor shall such enlargement violate
any height, yard, parking area or other open space requirement of
this chapter.
(4)
Nothing in this section shall be deemed to prevent
normal maintenance and repair of any building or the carrying out,
upon the issuance of a building permit, of major structural alterations
or demolitions necessary in the interest of public safety. In granting
such a permit, the Building and Zoning Inspector shall state the precise
reason why such alterations were deemed necessary.
A.
A nonconforming building is any building which contains
a use permitted in the district in which it is located but does not
conform to the district regulations for lot area, width or depth;
front, side or rear yards; maximum height; lot coverage; or minimum
livable floor area per dwelling unit.
B.
Normal maintenance and repair, structural alteration,
moving, reconstruction or enlargement of a nonconforming building
is permitted, provided that such action does not increase the degree
of or create any new nonconformity with regard to the regulations
pertaining to such building.
A.
A residential plot separated by other land not in
the same ownership and nonconforming as to bulk on the date of enactment
of this chapter or the effective date of subsequent amendments, whether
or not located in and part of a subdivision and approved by the Planning
Board of the Town of Eden and filed in the office of the Erie County
Clerk may be used for any use permitted by right in the zoning district
in which the plot is located, provided that such uses comply with
the bulk and area and yard regulations as specified in the highest
residential district having the same or less plot width. Where such
residential district requires certain utilities or transfer of development
rights, the provision of such shall be prerequisite to its residential
use.
[Amended 11-14-2001 by L.L. No. 8-2001]
B.
Two or more nonconforming subdivision lots, not in separate ownership, in a subdivision approved by the Planning Board prior to the effective date of this chapter shall have three years from the date of final approval by the Planning Board to obtain a building permit under the provisions of Subsection A. Any nonconforming plot in a subdivision finally approved by the Planning Board more than three years prior to the effective date of this chapter shall not be eligible to receive a building permit, and said subdivision, part or plot thereof shall be resubmitted to the Planning Board in accordance with the applicable provisions of this chapter.
C.
Any plot in a subdivision approved by the Planning Board after the effective date of this chapter which conforms to the bulk, width and depth requirements of this chapter but which is made nonconforming as to bulk, width or depth by any future amendment of this chapter shall have three years from the effective date of the future amendment or three years from the date of final approval, whichever is sooner, to obtain a building permit under Subsection A. Any subdivision plot for which a permit is applied for after the time periods specified herein shall conform to all the bulk regulations of this chapter, and Subsection A shall be inapplicable to such a plot.