A.
Except for signs which are regulated by § 120-40.10, any use which is made nonconforming by any use regulation of this chapter or by any subsequent amendments hereto may be continued, except as hereinafter provided.
[Amended 8-20-1979]
B.
Change in use.
(1)
Such nonconforming use may be changed as follows:
(a)
A use which is not classified herein may be
changed to a conforming use or, when approved by the Board of Appeals,
to an appropriate classified use.
(b)
A classified use may be changed to a use of
a higher classification.
(c)
A classified use may be changed to a use of the same classification if the Board of Appeals determines that the new use is no more detrimental to the adjacent properties that the existing use and that off-street parking is adequate (see § 120-41).
(d)
Once changed to a conforming use or to a use
of a higher classification, such use shall not thereafter revert to
a use of a lower classification.
(2)
Uses are hereby classified as follows with the lower
number indicating the higher classification:
(a)
Class I: uses first permitted in R-90, R-75
or R-65 Districts.
(b)
Class II: uses first permitted in R-90A, R-75A
or R-65A Districts.
[Amended 8-17-1987]
(c)
Class III: uses first permitted in R-50 District.
(d)
Class IV: uses first permitted in R-60A District.
(e)
Class V: uses first permitted in C-1 District.
(f)
Class VII: uses first permitted in C-2 District.
[Amended 8-17-1987]
(g)
Class VI: uses first permitted in M-1 District.
[Amended 8-17-1987]
(h)
Class VIII: uses first permitted in M-2 District.
(3)
Nonclassified uses include uses first permitted in
the R-100A District and uses not listed in any district in the use
regulations of this chapter.
C.
Enlargement or extension. Such nonconforming use shall
not be enlarged or extended, except that in any C or M District any
nonconforming building may be enlarged to an extent not exceeding
25%, in the aggregate, of the gross floor area devoted to such nonconforming
use. In no case shall such enlargement extend beyond the lot occupied
by such nonconforming use nor violate any height, yard, parking area
or other open space requirement of this chapter. When the total of
all enlargements equals 25% of the gross floor area existing at the
time such use became a nonconforming use, no further enlargements
shall be permitted.
D.
Repair or alteration.
(1)
Nothing herein shall be deemed to prevent normal maintenance
of a building or other structure containing a nonconforming use, including
nonstructural repairs and incidental alterations not extending the
nonconforming use.
(2)
No structural alterations shall be made in a building
or other structure containing a nonconforming use except:
E.
Restoration. Such nonconforming building or other
structure which has been damaged or destroyed by any means to the
extent of 50% or more of its equalized assessed value as determined
by the Town Assessor of the Town of West Seneca, or which has been
condemned by the Building Inspector and ordered to be demolished,
shall not be rebuilt or repaired except in conformance with the regulations
of this chapter. In the case of a permitted restoration of a nonconforming
use, neither the floor area nor the cubical content shall be increased
from the original nonconforming building or other structure.
A.
In any district, whenever a nonconforming use of land,
building or other structure, or any part or portion thereof, has been
discontinued for a period of one year, such nonconforming use shall
not thereafter be reestablished, and all future use shall be in conformity
with the provisions of this chapter. Such discontinuance of the active
and continuous operation of such nonconforming use or a part or portion
thereof for such period of one year is hereby construed and considered
to be an abandonment of such nonconforming use regardless of any reservation
of an intent not to abandon same or of an intent to resume active
operations. If actual abandonment in fact is evidenced by the removal
of buildings, other structures, machinery, equipment or other evidences
of such nonconforming use of the land and premises, the abandonment
shall be construed and considered to be completed within a period
of less than one year and all rights to reestablish or continue such
nonconforming use shall thereupon terminate.
B.
The provisions of this section shall not apply to
agricultural land which is not used because of participation in federal
or state agricultural programs or because of normal agricultural practices.
The following nonconforming uses may be continued
for the period of time specified, provided that after the expiration
of such period any such nonconforming use shall become an unlawful
use and shall be terminated:
A.
Within one year.
(1)
In any R District, any nonconforming use not in an
enclosed building, including but not limited to junk business, auto
wrecking or dismantling or the storage of motor vehicles which normally
stand for 24 hours or more.
(2)
In any R District, the outdoor storage of contractor's
equipment or of commercial vehicles exceeding three-fourths (3/4)
ton rated capacity.
(3)
In any district, any adult use.
[Added 10-20-1980]
B.
Within three years.
(1)
In any R District, the parking or storage of equipment
or commercial vehicles exceeding three-fourths (3/4) ton rated capacity.
(2)
In any R District, a nonconforming sign or a non-conforming
building or other structure with an assessed value under $500. The
provisions of this subsection shall not apply to nonconforming roadside
stands accessory to agricultural use of the premises nor to identification
signs accessory to the buildings designed for business or industrial
use.
(3)
In any R District, any nonconforming accessory use
conducted within a garage or other accessory building which is capable
of being used for a conforming use.
A.
Continuation. Any building, other structure or use
of land which is made nonconforming by any lot size, open space, height
or building size regulations of this chapter or by any subsequent
amendments thereto may be continued, except as hereinafter provided.
B.
Enlargement or extension. Such nonconforming building,
other structure or use of land may be enlarged or extended, provided
that any such enlargement or extensions shall comply with the regulations
of this chapter.
C.
Repair or alteration. Such nonconforming building
or other structure may be repaired or structurally altered, provided
that alterations creating enlargements or extensions shall conform
to the regulations of this chapter.
D.
Restoration. Such nonconforming building or other
structure which has been damaged or destroyed by any means to the
extent of 75% or more of its equalized assessed value as determined
by the Town Assessor of the Town of West Seneca, or which has been
condemned by the Building Inspector and ordered to be demolished,
shall not be rebuilt or repaired except in conformance with the regulations
of this chapter. In the case of a permitted restoration of any such
nonconforming use, the degree of nonconformance of the original building
or other structure shall not be increased.
