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Village of Fort Plain, NY
Montgomery County
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Table of Contents
Table of Contents
The lawful use of any land or building existing at the time of adoption of this chapter may be continued although such use does not conform with the provisions of this chapter. Any such building may be reconstructed or structurally altered and the nonconforming use thereby changed, provided that the following conditions prevail.
A. 
Reconstruction or alteration. A nonconforming building may not be reconstructed or altered during its life to exceed 50% of its fair value unless such building is changed from a nonconforming to a conforming use as defined by this chapter.
B. 
Restoration. A building, nonconforming as to use, which has been damaged by fire or other causes to the extent of 75% of its fair value shall not be repaired or reconstructed except in conformance with the regulations of the district in which such building is located.
C. 
Discontinuance. When a nonconforming use has been discontinued for a period of 18 months, any future use of such building shall conform with the regulation for the district in which it is located.
D. 
Changes. A nonconforming use may not be changed to another nonconforming use under the provisions of this section.
E. 
Completion of building. Any building lawfully under construction at the time of enactment of this chapter may be completed.
The nonconforming use of land shall not be enlarged or extended beyond the area of land occupied by such use at the time of the adoption of this chapter. A nonconforming use of land may not be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of adoption of this chapter. A nonconforming use of land shall not be changed to another nonconforming use. If a nonconforming use of land is discontinued 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 the district in which the land is located.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.