[Amended 10-16-1990 by L.L. No. 2-1990; 7-7-2020 by L.L. No. 4-2020]
A.
This article establishes the circumstances under which a nonconforming
use or structure may be continued or changed and provides for the
removal of nonconforming uses and structures when their continuation
conflicts with the goals of the Comprehensive Plan or impacts the
public health, safety, and general welfare of the community.
B.
The provisions governing nonconforming uses set forth in this article
are established to provide remedy for nonconforming uses that exist
at the time of enactment of this article, decrease the frequency of
existing nonconforming uses of property, and encourage action toward
conformance.
(1)
Any lawfully established use, structure, or lot that is in existence
on the effective date of this chapter, or any subsequent amendment,
but does not comply with all the standards and requirements of this
chapter shall be considered nonconforming.
(2)
Nonconformity may result from any inconsistency with the requirements
of this chapter including, but not limited to, use, location, lot
coverage, minimum lot size, yard setbacks, height, performance standards,
or the lack of a required special use permit.
A.
Right to continue. Nonconforming uses may be continued and maintained
provided there is no alteration, enlargement, or addition to any building
or structure, and no increase in occupant load. The right to continue
a nonconforming use or structure shall attach to the land and shall
not be affected by a change in ownership.
B.
Change of use. Any nonconforming use may be changed to a use that
is allowed by right in the district in which it is located and complies
with all applicable standards for such use. A nonconforming use may
not be changed to another nonconforming use under the provisions of
this section.
C.
Removal. A nonconforming use of land may not be moved in whole or
in part to any other portion of the lot or parcel of land occupied
by such nonconforming use at the time of adoption of this chapter.
D.
Extension and enlargement. A nonconforming use of land shall not
be enlarged or extended beyond the area of land occupied by such use
at the time of the adoption of this chapter.
E.
Maintenance and repairs. Maintenance, repairs and interior alterations
to a nonconforming structure are permitted if the changes and improvements
do not enlarge or extend the structure.
F.
Reconstruction or alteration. A nonconforming building may not be
reconstructed or altered during its life to exceed 50% of its appraised
value, unless such building is changed from a nonconforming to a conforming
use, as defined by this chapter.
G.
Restoration. A nonconforming building which has been damaged by fire
or other natural causes to the extent of 50% of its fair value shall
not be repaired or reconstructed except in conformance with the regulations
of the district in which such building is located. Any reconstruction,
restoration, or rebuilding undertaken pursuant to this section shall
conform to all New York State Building Code requirements, and a building
permit must be obtained within two years after the date of the damage
or destruction.
H.
Discontinuance. When a nonconforming use has been discontinued for
a period of 12 months, any future use of such building shall conform
to the regulation for the district in which it is located.
I.
Completion of building. Any building lawfully under construction
at the time of enactment of this chapter may be completed.
In any district, a permitted use may be constructed on a lot
which does not conform to minimum lot area and/or minimum lot width
requirements for the use, subject to the following conditions:
A.
The lot existed with its current boundaries on the effective date
of this chapter or any subsequent amendment;
B.
A permitted use to be constructed on a nonconforming lot shall conform
to the yard/setback, height, and parking requirements of this chapter;
C.
A permitted use that existed on a nonconforming lot at the time of the adoption or amendment of this chapter may be continued pursuant to § 157-29A. Additions or enlargements to such structures are permitted, provided they conform to the established yard/setback, height, and parking requirements of this chapter and any and all applicable sections of the Zoning Code of the Village of Canajoharie.
