City of Norwich, NY Article V Nonconforming Uses and Nonconforming Buildings

§ 575-27 Nonconforming uses.

A. Policy. A nonconforming use is any use of a building or structure, lot or land or part thereof which does not conform to the regulations of this chapter for the district in which it is located. A building containing a nonconforming use may not be altered by improvements exceeding an aggregate cost of 50% of the assessed or market value as established by current appraisal of the property, unless the effect of the change is to achieve a conforming use. (See Article V, § 575-28B.)

B. Discontinuance. Whenever a nonconforming use has been discontinued by reason of vacancy of land or building or cessation of such use for a period of two years, such use shall not thereafter be reestablished without the granting of a special permit by the Zoning Board of Appeals, as enumerated in Article VI, § 575-33, of this chapter. Any future use shall be in conformance with the provisions of this chapter.

C. Changes. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed by special permit to a use of the same or more restrictive classification and such use thereafter shall not be changed to a less restrictive classification as listed in the Use Table.[1]

[1] Editor's Note: The Use Table is included at the end of this chapter.

§ 575-28 Nonconforming structures or buildings.

A. Policy. Any building, which does not comply with the open space regulations of this chapter, as specified in the attached chart,[1] shall not be altered so as to increase the degree of noncompliance.

[1] Editor's Note: The Required Open Space Table is included at the end of this chapter.

B. Restoration. A nonconforming building damaged by fire or other cause, to the extent of more than 50% of the assessed value or market value as established by current appraisal, exclusive of land, shall not be repaired or rebuilt to contain any greater ground floor area or number of stories than contained therein prior to such damage, except in conformity with the regulations of this chapter, unless approved by special permit.

C. Alterations. A nonconforming building shall not be enlarged, extended, or have exterior alterations beyond the limits of the original building, unless such alterations are in accordance with the provisions for the district in which the building is located. (See Article V, § 575-27.)

§ 575-29 Right to continue.

A. Policy. Any building or use lawfully existing under the provisions of this chapter, in effect at the time of the establishment of said use, or prior to the establishment of such an ordinance or amendment thereof, may be continued subject to compliance with the conditions set forth in this chapter.

B. Effect of change in map. Whenever a district shall be changed hereafter, the provisions of this chapter with regard to any building or uses lawfully existing at the time of the passage of this chapter shall apply subject to compliance with the conditions set forth here to any building or use lawfully existing in such changed district at the time of the passage of such amendment.

C. Construction approved prior to adoption of or amendment of chapter. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and the construction of which shall have been diligently prosecuted within three months of the date of said permit, and the ground floor framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit, and which entire building shall be completed according to such plans as filed within one year from date of this chapter.

§ 575-30 Right to make repairs.

A. Policy. Nothing in this article shall be deemed to prevent normal maintenance and repair of an existing building.

B. Unsafe structures. Any structure or portion thereof declared unsafe by a proper authority may be restored to a safe condition, unless such change constitutes a restoration as defined in § 575-28 of this article.