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Town of Owasco, NY
Cayuga County
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The lawful use of any structure or land existing at the effective time 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.
[Amended 6-14-1990 by L.L. No. 2-1990]
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, reconstruction, extension or enlargement shall be permitted only upon the same lot as was in existence at the date the use or structure became nonconforming.
B. 
Such alteration, reconstruction, extension or enlargement shall be permitted only by special permit, under the provisions of Article X.
C. 
The applicant shall show that the proposed alteration, reconstruction, extension or enlargement will be no more objectionable in external effect 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.
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 in § 150-41.
B. 
Reconstruction shall begin within six months from the date of damage and shall be carried on without interruption.
Whenever a nonconforming use has been discontinued for one full year, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter.
A. 
Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.
B. 
A nonconforming use may be changed to another nonconforming use only under the following conditions:
(1) 
Such change shall be permitted only by special permit, under the provisions of Article X.
(2) 
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.
(3) 
The applicant shall show that the proposed change will be less objectionable in external effects than the existing nonconforming use with respect to:
(a) 
Traffic generation and congestion, including truck, passenger car and pedestrian traffic.
(b) 
Noise, smoke, dust, noxious matter, heat, glare and vibration.
(c) 
Storage and waste disposal.
(d) 
Appearance.
No nonconforming use shall be extended to displace a conforming use.
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.
A. 
Nonconforming use permits shall be issued by the Zoning Officer for all lawful nonconforming uses existing at the effective date of this chapter.
B. 
To qualify as a lawful nonconforming use, the owner of a nonconforming use existing at the effective date of this chapter shall apply for a nonconforming use permit within 90 days of the effective date of this chapter.
C. 
The zoning permit shall include a statement that the use is nonconforming and shall list the specific conditions under which said use may continue.
For nonconforming lots of record, see § 150-23.