[Amended 7-17-1991]
It is the intent of this article to carefully
restrict nonconforming uses and structures and the expansion or alteration
of nonconforming uses and structures. An essential element of this
article is to preclude any change of use unless it is a continuation
of the use and substantially the same character of use which legally
existed at the date the original use commenced. Nothing herein contained
shall be deemed to permit the continuation of a use that was not a
permitted use according to the zoning district dimensional regulations
at the time it was commenced or the continuation of any structure
that was not constructed according to the zoning district requirements
at the time it was constructed. Further, nothing herein contained
shall be deemed to diminish or negate any variances that have been
granted to any property.
A nonconforming use shall not be extended or
increased except with the approval of the Zoning Board of Appeals
and upon such reasonable restrictions as it may prescribe depending
upon the nature and history of the use and the effect of such extensions
on neighboring properties, including but not limited to traffic, noise,
property devaluation, drainage, sewage, odors and other such deleterious
effects of such extension.
A.
A nonconforming
structure or use may not be altered, rebuilt or resumed, except in
conformity with the regulations for the zoning district in which it
is located, if:
B.
In any district,
whenever a nonconforming use of land, premises, building or structure
or any part or portion thereof has been discontinued or abandoned
for a continuous period of nine months, such nonconforming use shall
not thereafter be reestablished, and all future use shall be in conformity
with the provisions of this article. Discontinuance of the active
and continuous operation of such nonconforming use or a part or portion
thereof for such period of nine months 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Actual abandonment
of use is deemed to have occurred by the removal of any building or
structure in which the use has been conducted. Abandonment shall also
be deemed to have occurred if substantial machinery, equipment, fixtures
or other evidence of the nonconforming use is removed and not replaced
within a period of nine months.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
A nonconforming
building or structure damaged or destroyed by fire or other causes
may be restored, repaired or rebuilt within a period of nine months.
For good cause, the Commissioner of Public Works or his/her division
heads, agents or designees may allow a maximum of two successive additional
periods, not exceeding three months each, to rebuild upon the same
location, upon the same foundation size and up to its same height
and square footage that existed prior to its damage or destruction.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No nonconforming use shall be extended to displace
a conforming use.
Except as provided by this article, a nonconforming
building or structure may not be reconstructed or structurally altered
during its life except with the approval of the Board of Appeals.
[Amended 8-2-2001 by L.L. No. 5-2001]
A nonconforming building or structure may be
altered or extended so long as the alteration or extension meets the
dimensional regulations, excluding minimum habitable floor area, of
the zoning district which are in effect at the time of the extension
or alteration without the approval of the Zoning Board of Appeals.
A dwelling, accessory building and/or garage
may be erected on any nonconforming lot in existence on the effective
date of this article (except in an industrial or commercial district),
provided that the present setback, side line, rear line and building
area restrictions are met. In the event that these restrictions cannot
be met, the Zoning Board of Appeals may vary the application of this
article to permit the erection of a dwelling or garage on said lots
after giving consideration, among other things, to the suitability
of structural design on said lot, availability of additional land,
adequacy of space for sewage disposal, parking and the fire hazard
potential, if any.
Whenever the boundaries of the districts shall
be changed so as to transfer an area from one district to another
district of a different classification, the foregoing provisions shall
also apply to any nonconforming uses existing therein.
This article of the Town of Webster Zoning Chapter
shall take effect immediately upon its adoption.
