Village of Naples, NY
Ontario County
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Table of Contents
Table of Contents

§ 385-27 Preexisting nonconforming uses.

[Amended 5-17-2000 by L.L. No. 1-2000; 7-16-2008 by L.L. No. 4-2008]
Any use of property legally existing at the time of adoption or amendment of this chapter that does not conform to the regulations prescribed in the preceding sections shall be deemed a preexisting nonconforming use and may be continued.

§ 385-28 Nonconforming use of land.

The following regulations shall apply when no buildings are involved:
A nonconforming use of land shall not be changed to another nonconforming use.
If the nonconforming use of land, or any portion thereof, ceases for any reason for a period of 18 months, or is changed to a conforming use, any future use of the land shall conform to the provisions of this chapter.
The nonconforming use of land shall not be increased to a greater area than that occupied by such use at the time of the adoption of this chapter.
A preexisting nonconforming lot of record may be issued a building permit by way of meeting all the required setbacks, front, rear and side, or by obtaining the necessary variances.

§ 385-29 Nonconforming use of building.

A nonconforming building or structure may be changed to a more restrictive nonconforming building.
No such building may be enlarged in a way which increases its nonconformity.
Any nonconforming building may be extended throughout any parts of the building which were arranged or designed for such use at the time of the adoption of this chapter, but no such use shall extend to occupy any land outside such building.
Any building, or building and land combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such use is located, and the nonconforming use may not hereafter be resumed.

§ 385-30 Other nonconformities.

A building that is conforming in use but does not conform as to the height, yard, parking, frontage, loading or land coverage requirements of this chapter shall not be considered to be nonconforming. No permit will be issued, however, that would result in the increase of any such nonconformity.

§ 385-31 Restoration of nonconforming building.

Should any legally existing nonconforming use be destroyed by any means, it may be repaired or reconstructed to the same size and location, provided that such reconstruction is completed within two years from the time the destruction occurred.

§ 385-32 Special uses.

[Amended 7-16-2008 by L.L. No. 4-2008]
Any use lawfully existing at the time of the adoption or amendment of these regulations, in a district in which such use may be classified as special permit use in this chapter, shall without further action be deemed to be a conforming use.