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Village of Westfield, NY
Chautauqua County
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The lawful use of any land or building existing at the time of the adoption of this chapter may be continued, although such building or use does not conform to the provisions of this chapter except as hereinafter noted.
No zoning permit shall be issued, no nonconforming use or building shall hereafter be extended or enlarged and no abandonment time period extended, except following written authorization by the Zoning Board of Appeals as a special extension.
Any nonconforming use which lies abandoned or discontinued for a period of six consecutive months shall not be permitted to be reestablished as a nonconforming use, and any future use of the property shall be in conformity with the provisions of this chapter.
A nonconforming building, damaged by any cause, may be restored, repaired or reconstructed as a nonconforming building, provided that the extent of the nonconformity is not increased. Restoration, repair or reconstruction of a nonconforming building shall be subject to the granting of a special extension by the Zoning Board of Appeals, which shall make a finding of the extent to which the building may be made conforming through repair or reconstruction. The Zoning Board of Appeals may grant a special extension subject to the elimination or reduction of the extent of any or all nonconformities involving the damaged portion of the building. Such repair or restoration shall be completed within one year from the time of such damage or destruction and the use at the time of such damage or destruction resumed within the same year.
Nothing in this article shall prohibit the completion of any lawful structure for which the excavation has been prepared and the foundation walls constructed at the date this chapter takes effect; provided, however, that construction must be completed within a period of one year from that date.
Should any nonconforming structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved. If any building in which any nonconforming use is conducted is hereafter removed, the subsequent use of the land on which such building was located and the subsequent use of any building erected thereon shall conform to the regulations of the district.
A nonconforming structure or use cannot be changed to another nonconforming structure or use.