Village of Clayton, NY Article XI Nonconforming Uses and Lots

§ 132-75 Continuation; alterations and additions.

A. A nonconforming use may be continued subsequent to adoption of this chapter, but the structure shall not be enlarged or altered in a way which increases its nonconformity and the use shall not be enlarged or increased to occupy a greater land area.

B. A structure or sign which is destroyed by an act of God, vandalism or accident may be restored, but a nonconforming structure may not be demolished and replaced by a like nonconforming structure.

§ 132-76 Extension; changes in use.

A nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption of this chapter. A nonconforming use may not be changed to another nonconforming use.

§ 132-77 Restoration to safe condition.

Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure declared unsafe by a qualified public official.[1]

[1] Editor's Note: For regulations pertaining to the removal or repair of buildings deemed unsafe, see Ch. 46, Buildings, Unsafe; and Ch. 70, Fire Prevention and Building Construction, § 70-9.

§ 132-78 Rebuilding or resumption of use.

A nonconforming structure or use may not be altered, rebuilt or resumed except in conformity with the regulations for the district in which it is located if:

A. It has once been changed to a conforming use.

B. A nonconforming use of a structure or land has ceased for a consecutive period of 12 months.

§ 132-79 Changes in district classification.

Whenever an area is transferred from a district of one classification to a district of a different classification, the above regulations shall apply to nonconforming uses created by such transfer.

§ 132-80 Development of nonconforming lots of record.

A nonconforming lot of record may be developed for any allowable use in the district it is located as long as the setback requirements are met.

§ 132-81 Existing single-family dwellings in the Riverwalk B District.

Notwithstanding any provision to the contrary contained in this chapter, preexisting nonconforming single-family residential structures within the RW B District may remain and may be enlarged and/or altered as long as such enlargement or alteration can be accomplished within the established setbacks for the district.