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Village of Liverpool, NY
Onondaga County
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Table of Contents
Table of Contents
Any modification of a nonconforming element subsequent to the enactment of this chapter, including any addition, enlargement, alteration, structural alteration or change in use shall be subject to the provisions of this chapter as detailed in §§ 380-82, 380-83 and 380-84.
A. 
General maintenance and repair. Except as otherwise provided for in this section, nonconforming structures may continue to exist and be maintained and repaired.
B. 
Structural alterations, renovations and additions. Alterations, renovations and additions to a nonconforming structure may be made upon issuance of a building permit and only to the extent that such alterations, renovations or additions do not increase the degree of nonconformity and only to the extent that any nonconforming use related to such structure is not expanded. By way of illustration and not exclusion, an increase in the degree of nonconformity includes an addition to or enclosure of a porch which protrudes into a required yard.
C. 
Damaged structures. Nonconforming structures may be repaired and restored to their former condition after damage by casualty loss or deterioration due to the elements, except where damage involves over 50% of the floor area devoted to a nonconforming use or such damage exceeds 50% of the total replacement cost of the damaged structure as determined by a licensed insurance adjuster or other legal representative of the insuring company.
A. 
Except as otherwise provided for herein, nonconforming uses may continue to exist.
B. 
A nonconforming use may not be enlarged to occupy additional floor area within an existing structure or additional lot space, nor shall it be converted to another use except in conformance with this chapter.
C. 
No nonconforming use, if changed to a conforming use, shall thereafter be changed back to a nonconforming use.
D. 
The provisions of § 380-82C regarding repair and restoration of damaged structures shall apply to conforming structures containing a nonconforming use.
E. 
A nonconforming use may be changed to another nonconforming use of the same or more restrictive classification only upon issuance of a special permit by the Planning Board upon finding that the proposed use will have a lesser impact on surrounding properties than the existing use. In its determination, the Planning Board shall consider parking demand, pedestrian and traffic volume, intensity of use, hours of activity, noise levels and any other factors considered relevant under the circumstances.
F. 
Any nonconforming use of a structure or land which has ceased for a period of six months shall be deemed abandoned and may not be reestablished as a nonconforming use, and thereafter such structure or land or portion thereof shall be used in conformity with this chapter. The provisions of Subsection E above shall not be applicable with respect to an abandoned nonconforming use.
A nonconforming lot in a residential district may be improved with a one-family dwelling, provided that all applicable yard setback and off-street parking requirements can be met.
A. 
Parking (see also § 380-91). No modification of a structure, whether an addition or an internal renovation, which increases the floor area devoted to an otherwise conforming use shall be made if such modification introduces or increases the degree of nonconformity with respect to off-street parking requirements, except as provided in § 380-91C.
B. 
Signs. See § 380-97.
C. 
Screening. See § 380-107B(7).