Any lawful building, structure or use of premises existing at
the effective date of the original zoning law of the city, as approved
by the Olean Common Council on July 28, 1936, or any subsequent amendment
thereof applying to such building, structure, or use of premises,
may be continued although such building, structure, or use of premises
does not conform to the provisions of this law provided however:
12.0.1
Nothing herein contained shall be construed to render lawful
any use not lawfully conforming to provisions of the city's zoning
law hereby repealed.
12.0.2
Any extension of a non-conforming use must conform to the provisions
of this law.
12.0.3
No non-conforming building or structure shall be enlarged, extended
or increased during its life to an extent exceeding 15% of its existing
gross floor area or in aggregate value 50% of the replacement cost
of the building, whichever is greater, unless said building or structure
is changed to conform to the requirements of this law.
12.0.4
A building or structure containing a non-conforming use may
be repaired or strengthened sufficiently to remove a hazard to public
safety, as such hazard may be determined by the code enforcement officer,
but not so as to perpetuate the non-conforming use or character of
the structure. Nothing in this law shall prevent the strengthening
or restoring to a safe condition any wall, floor or roof which has
been declared unsafe by the code enforcement officer.
12.0.5
Only by approval of the zoning board of appeals shall a building
used to house a non-conforming use be restored if damaged or destroyed
by fire, flood, earthquake or other act of God. Substantial restoration
shall be made within six months of the occurrence of the damage, except
that this time limit may be extended by the zoning board of appeals
in cases of practical difficulty or hardship. Any building damaged
by such occurrence to the extent of more than 50% of its replacement
value and not demolished shall be repaired or rebuilt within a six-month
period to conform to the building line of the original structure.
12.0.6
No non-conforming use shall be maintained, renewed, changed
or extended without a certificate of compliance having first been
issued by the code enforcement officer.
[L.L. No. 5-00, § 1, 9-26-2000]
12.1.1
Any building or land which is used for or occupied by a non-conforming
use and which is changed to or replaced by a conforming use, shall
not thereafter be used for or occupied by a nonconforming use.
12.1.2
When a non-conforming use has been discontinued for a period
of one year, it shall be deemed abandoned and shall not thereafter
be re-established and the future use shall be in conformity with the
provisions of this law.
12.1.3
Within residential districts, no off-street parking is required
for a building that was last utilized for a nonconforming use regardless
of how long the building or any portion of the building was vacant
so long as the building (1) is being converted into a single or a
two-family residential use, and (2) has no more than five bedrooms
in the entire building. Within the meaning of this provision, the
term "bedroom" includes any room with a bed and any room that is actually
used for overnight sleeping, like a den.
A building or structure of non-conforming use may be repaired
or restored to a safe condition except as specified in section 12.5.
Any building or structure for which a building permit was issued
prior to the effective date of this law, or any subsequent amendment
thereof applying, may be completed and used in accordance with the
plans and specifications for such building and structure.
A building permit shall not be issued for any lot that is reduced
in area so that it creates a non-conforming bulk or use in violation
of any regulations contained in this law.