Town of Pendleton, NY
Niagara County
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Table of Contents
Table of Contents
[Amended 8-24-1994]
The nonconforming use of any building or land existing at the time of the enactment of this chapter may be continued unchanged although such does not conform with the provisions of this chapter.
[Amended 8-24-1994]
Any structure or portion thereof (containing a nonconforming use) declared unsafe by a proper authority may be restored to a safe condition or removed according to the restrictions in § 247-35.
A nonconforming building may not be constructed or structurally altered during its life to an extent in excess of the cost of 50% of the market value of the building, unless said building is changed to comply with all provisions of this chapter.
A nonconforming use shall not be expanded and must remain within the structure or on the lot where it existed at the time of the adoption of this chapter. (The extension of a lawful use to any portion of a nonconforming building which existed prior to the enactment of this chapter shall not be deemed an extension of a nonconforming use.)
Nothing herein contained shall require any change in plan, construction or designated use of a building for which a building permit has been issued and the construction of which shall have been diligently prosecuted within three months of the date of such permit.
No nonconforming building damaged by fire (or other causes) to the extent of more than 75% of its market value shall be repaired or rebuilt, except in conformity with the bulk and area regulations of this chapter. The building can be rebuilt for the use it contained prior to the damage by fire (or other causes) if a building permit is obtained from the Town Board within 12 months of the destruction by fire or other calamity. Such damaged building shall be repaired or demolished within 12 months of the date of the fire (or other causes).
Whenever a nonconforming use has been discontinued for a period of one year, such use shall not thereafter be reestablished and any future use shall be in conformity with the provisions of this chapter.
Once changed to a conforming use or a conforming building, no building or use of land shall be permitted to revert to a nonconforming use or nonconforming building.
No nonconforming use shall be extended to displace a conforming use.
Whenever the boundaries of a district or zone shall be changed so as to transfer an area from one district or zone to another district or zone of a different classification, the foregoing provisions (of this Article) shall apply to any new or preexisting nonconforming uses therein.