Town of Cortlandville, NY Article XVII Nonconforming Buildings, Structures and Uses

§ 178-101 Statement of intent.

The purpose of this article is to provide for the regulation of nonconforming structures and uses, and to specify those circumstances and conditions under which those nonconforming structures and uses shall be permitted to continue or to expand.

§ 178-102 Authority to continue nonconforming buildings, structures and uses.

Any nonconforming structure or use which existed lawfully at the time of the adoption of this chapter and which remains nonconforming, and any such structure or use which shall become nonconforming upon the adoption of this chapter or of any subsequent amendments thereto, may be continued subject to the regulations which follow.

§ 178-103 Repairs and alterations.

A. Structures designed or intended for nonconforming use. Repairs and alterations may be made to a nonconforming structure, provided that:

(1) No structural alterations are made to increase the volume of the structure; or

(2) Such changes are to make the structure or use conform with this chapter.

B. Structure designed or intended for a permitted use. Repairs, alterations and structural changes may be made to a nonconforming structure, which is designed or intended for a use permitted in the district in which it is located, provided that said repairs, alterations, or structural changes conform to the regulations of the district in which said building or structure is located.

§ 178-104 Additions and enlargements.

Nonconformance with bulk regulations. A structure not in conformance with bulk regulations, and which is designed or intended for a permitted use, shall not be added to or enlarged in any manner unless such additions or enlargements do not increase the degree of nonconformance with the bulk regulations of the district in which it is located.

§ 178-105 Relocation of buildings or structures.

No building or structure shall be moved to any other location on the same lot unless every portion of such lot on which structure is moved, and the use thereof, is made to conform to all of the regulations of the district in which it is to be located.

§ 178-106 Restoration of damaged nonconforming structure or use.

A. A nonconforming structure which is destroyed or damaged to the extent of 75% of its bulk, or that the cost of restoration to the condition in which it was before the occurrence shall exceed 75% of the cost of the restoration of the entire building new, shall not be restored unless said structure, and the use thereof, shall conform to all of the regulations of the district in which it is located. Existing nonconforming facilities with damage or destruction greater than 75% of the structure must make application to the Town to rebuild within six months and apply for a building permit within one year of the loss.

[Amended 1-16-2008 by L.L. No. 1-2008]

B. In the event that such damage or destruction is less than 75% of its bulk or the cost of restoration of the entire building new, no repairs or reconstruction shall be made unless such restoration is started within one year from the date of partial destruction and is diligently prosecuted to completion.

C. It shall be the duty of the Town Zoning Officer, and any consultants he desires, to make such determination of loss, damage or destruction.

D. If the restoration is not started within one year of said destruction or damage and diligently pursued to completion, the structure shall be removed and the area cleared.

§ 178-107 Discontinuance of nonconforming use.

A nonconforming use may not be resumed except in conformity with the regulations for the district in which it is located if:

A. It has once been changed to a conforming use; or

B. A nonconforming use of a structure or land has ceased for a consecutive period of one year or for 18 months during any three-year period.

§ 178-108 Expansion of nonconforming uses.

A. Structure designed or intended for a nonconforming use. The nonconforming use of part of a structure, which is designed or intended for a use not permitted in the district in which it is located, may be extended throughout the structure.

B. Structure designed or intended for a permitted use. The nonconforming use of part of a structure, which is designed or intended for a use permitted in the district in which it is located, shall not be expanded or extended into any other portion of such building or structure, nor changed to any other nonconforming use.

C. The nonconforming use of land not involving a structure, or in connection with which any structure thereon is incidental or accessory to the principal use of the land, shall not be expanded or extended beyond the area it occupies.

§ 178-109 Change of nonconforming use.

A. To permitted use. The nonconforming use of a structure which is designed or intended for a use not permitted in the district in which it is located may be changed to a use permitted in the district which it presently occupies.

B. To another nonconforming use. No nonconforming use shall be changed to another nonconforming use.

C. Land. The nonconforming use of land not involving a structure, or in connection with which any structure thereon is incidental or accessory to the principal use of the land, shall not be changed to any other use, except to a use permitted in the district in which the land is located.