Town of Chautauqua, NY
Chautauqua County
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The lawful use of an existing building or parcel of land on the effective date of this chapter or authorized by a building permit issued prior thereto may be continued even though such use does not conform to the provisions of this chapter. A nonconforming use shall not be extended or enlarged except as herein provided.
A legal nonconforming use may be extended within an existing building in which it was the principal occupant, but it shall not be extended to displace a conforming residential use nor shall the building or structure housing the nonconforming use be enlarged.
Whenever a nonconforming use has been abandoned or changed to a higher classification or a conforming use, such shall not thereafter be changed to a nonconforming use or lower classification.
In any district, whenever a nonconforming use of land, premises, building or 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 the same or of an intent to resume active operations. If actual abandonment in fact is evidenced by the removal of buildings, structures, machinery, equipment and 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.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, or whenever the text of this chapter shall be changed with respect to uses permitted in a district, the foregoing provisions shall also apply to any nonconforming buildings or uses therein.
Notwithstanding any other provisions of this chapter, any farm operation and any farm structure formerly conducted or used in any district or hereafter classified as R-A may be reestablished, renewed or restored.
[Amended 12-12-1983 by L.L. No. 3-1983]
Nothing in this section shall prohibit the restoration to a safe condition of any building, structure or portion thereof declared unsafe by the Code Enforcement Officer or his designee.[1]
Editor's Note: Former Section 11-08, Cessation, which immediately followed this section, as amended 4-10-1978 by L.L. No. 1-1978, was deleted 2-8-1993 by L.L. No. 1-1993.