A.
Existing lawful nonconforming uses. Except as otherwise
provided in this section, the lawful uses of land or buildings existing
at the time of adoption of this chapter may be continued even though
such does not conform to the regulations specified by this chapter
for the district in which such land or building is located: provided,
however, that:
(1)
If a use is a permitted special use, a special use
permit shall be applied for in accordance with the applicable provisions,
and such use shall become conforming.
(2)
If a use is not a permitted special use, a special
use permit shall be applied for in accordance with the applicable
provisions, and such use shall remain nonconforming.
(3)
If a use existing at the time of adoption of this
chapter does not conform to the regulations specified by this chapter
for the district in which such use is located and such use is subject
to an existing notice of violation, such use shall remain nonconforming
and subject to the terms and conditions of the violation notice and
the chapter.
B.
Existing nonconforming regulations. Except as otherwise
provided in this section, nonconforming regulations cited herein existing
at the time of adoption of this chapter may be continued even though
such does not conform to the regulations specified by this chapter
for the district in which such regulations are applicable; provided,
however, that:
(1)
Such regulations are lot areas, lot width, lot coverage,
yard requirements, height requirements and greenbelt requirements.
(2)
If possible to conform to regulations, such conformance
shall take place.
(3)
If not possible to conform to regulations, such nonconformance
shall remain and be noted as such.
(4)
If such nonconformance is subject to an existing notice
of violation, such nonconformance shall remain nonconforming and subject
to the terms and conditions of the notice until such time as conformance
to this chapter occurs.
A.
Enlargement. The nonconforming use of land shall not
be enlarged, extended, added to or increased beyond the area of land
occupied by such use at the time of adoption of this chapter unless
such enlargement brings the use more in conformance with this chapter,
except that the Building Inspector may issue a permit in cases where
the enlargement of a building on a nonconforming lot or the construction
of an accessory building will not result in land coverage in excess
of that permitted by this chapter.
[Amended 5-18-1992 by L.L. No. 4-1992]
B.
Change. The nonconforming use of land shall not be
changed or altered to another nonconforming use of land. Nonconforming
use of land can only be changed to a conforming use of land.
C.
Movement. The nonconforming use of land shall not
be moved or relocated in whole or part to any portion of the lot or
parcel of land occupied by such nonconforming use at the time of adoption
of this chapter unless such movement brings the use more in conformance
with this chapter.
D.
Abandonment. If a nonconforming use of land is discontinued
or abandoned for a period of 12 consecutive months, it shall not be
renewed, and any subsequent use of the land shall conform to the regulations
of this chapter. Renewal of a nonconforming use of land after abandonment
shall be deemed a violation subject to the applicable provisions of
this chapter.
E.
Removal. Exceptions, as noted herein, to the continuation
of existing lawful nonconforming use of land shall be removed within
one year of the adoption of this chapter. Failure to remove the use
within one year will result in the issuance of a notice of violation.
The exceptions are junkyards, storage of automobiles, trucks and farm
equipment and refuse, waste, debris and construction, storage, transfer
and disposal facilities.
A.
Enlargement. The nonconforming use of a building shall
not be enlarged, extended, added to or increased beyond the area of
building occupied by such use at the time of adoption of this chapter,
unless such enlargement brings the use more in conformance with this
chapter.
B.
Change. The nonconforming use of a building shall
not be changed or altered to another nonconforming use of a building.
The nonconforming use of a building can be changed or altered to a
more conforming use of a building.
C.
Movement. The nonconforming use of a building shall
not be moved or relocated, in whole or in part, to any portion of
the lot or parcel of land occupied by such nonconforming use at the
time of adoption of this chapter, unless such movement brings the
use more in conformance with this chapter.
D.
Abandonment. If a nonconforming use of a building
is discontinued or abandoned for a period of 12 consecutive months,
it shall not be renewed, and any subsequent use of the building shall
conform to the regulations of this chapter. Renewal of a nonconforming
use of a building after abandonment shall be deemed a violation subject
to the applicable provisions of this chapter.
E.
Removal. Exceptions, as noted herein, to the continuation
of existing lawful nonconforming use of a building shall be removed
within one year of the adoption of this chapter. Failure to remove
the use within one year will result in the issuance of a notice of
violation. The exceptions are junkyards, storage of automobiles, trucks
and farm equipment and refuse, waste, debris and construction, storage,
transfer and disposal facilities.
F.
Destruction of nonconforming building. If, at any
time, any building in existence or maintained at the time of adoption
of this chapter and not conforming to the regulations for the district
in which it is located shall be destroyed by any means to an extent
that the remaining value is less than 50% of the assessed value, the
immediate area occupied by said building shall thenceforth be subject
to all the regulations specified by this chapter for the district
in which such land and buildings are located.
A.
Nonstructural signs.
(1)
Any nonconforming sign which is nonstructural (e.g.,
banners, pennants, spinners, portable signs, etc.) shall be removed
within 90 days of the effective date of this chapter.
(2)
Any nonconforming sign painted, pasted or otherwise
applied to a fence, wall or facade of a building shall not be repainted,
restored or replaced.
B.
Structural signs. Any nonconforming sign that is a
structure or removable part of a structure shall be removed within
five years of the effective date of this chapter, except as specifically
provided herein.
[Added 5-13-1996 by L.L. No. 3-1996;
amended 10-15-2008 by L.L. No. 2-2008]
All ponds, including farm ponds and recreational ponds as defined in § 127-5 of the Town of Wilson Code, hereinafter erected within the Town of Wilson shall conform to the following specifications and regulations:
A.
They shall have minimum size of 10,000 square feet.
B.
They shall be constructed on a lot a minimum of seven
acres in size.
C.
They shall be located at a minimum distance of 200
feet from a public right-of-way and a minimum distance of 100 feet
from adjoining property lines, side and rear, by an owner(s) other
than an applicant.
D.
They shall have a minimum depth of 10 feet.
E.
They shall be considered a structure so that the percentage of land in use will be in conformity with § 127-10C of the Town of Wilson Code and the Zoning Schedule referred to therein. A compliance permit from the Building Inspector shall be required.
F.
They shall have a finished slope of one foot vertical
to four feet horizontal on all sides from the edge of water to a point
12 feet out from said edge.
G.
They shall have a finished slope of one foot vertical
to three feet horizontal on all sides that exceed 12 feet out from
the edge of water.
H.
All soil excavated as a result of pond construction
shall be retained on the premises for grading, finished seeding, sodding
or other landscaping purposes.
I.
A recommendation on the site and plan shall be required
from the Niagara County Soil and Water Conservation District prior
to approval by the Zoning Board of Appeals.
J.
A rescue device consisting of a throw ring, stanchion,
and a minimum of 100 feet of rope shall be required. An aeration device
is recommended.
K.
A maintenance plan shall be submitted with the pond
application and approved by the Zoning Board of Appeals.
L.
The Town Building Inspector or Deputy Building Inspector
shall enforce all regulations and requirements as propounded by the
Zoning Board of Appeals.
M.
Ponds may be permitted in any district referred to in the Zoning Law of the Town of Wilson Code, Chapter 127. This section shall supersede any section contrary or inconsistent therewith.
N.
The Zoning Board of Appeals shall so consider and
determine whether the proposed pond location will have an adverse
effect on neighboring property or residents. It shall have the power
in determining an appeal to consider that exceptional physical conditions
connected with a particular site create practical difficulties or
unnecessary hardships to strict compliance with any part of this section,
which would deprive the landowner of the reasonable use of the land
involved, so it may vary or modify the application of this section
for construction of the pond.
