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Village of Malone, NY
Franklin County
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Table of Contents
Table of Contents
The lawful use of any building or land existing at the time of the enactment of this ordinance may be continued although such use does not conform with the provisions of this ordinance.
Any structure or portion thereof declared unsafe by a proper authority may be restored to a safe condition, subject to § 66-38 hereunder.
A nonconforming building may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost 50% of the assessed value of the building unless said building is changed to a conforming use.
A nonconforming use shall not be extended, but the extension of a lawful use to any portion of a nonconforming building which existed prior to the enactment of this ordinance shall not be deemed the extension of such nonconforming use.
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 such permit and the ground story 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 the filed plans within one year from date of this ordinance.
No building damaged by fire or other causes to the extent of more than 75% of its fair market value shall be repaired or rebuilt except in conformity with the regulations of this ordinance.
Whenever a nonconforming use has been discontinued for a period of one year, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this ordinance.
A. 
Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use.
B. 
No nonconforming use shall be changed to another type of nonconforming use.
No nonconforming use shall be extended to displace a conforming one.
Notwithstanding any other provisions of this ordinance, any automobile wrecking yard or other junkyard or any billboard or advertising structure in existence in any district at the date of enactment of this ordinance shall at the expiration of three years from such date become a prohibited and unlawful use and shall be discontinued and removed.
Whenever the boundaries of a district 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.