Town of Busti, NY
Chautauqua County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
The lawful use of any building or land existing at the time of the enactment of this chapter may be continued although such use does not conform with the provisions thereof.
Any structure or portion thereof (containing a nonconforming use) declared unsafe by a proper authority may be restored to a safe condition.
A nonconforming building may not be constructed 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 building.
A nonconforming use shall not be expanded and must remain with the structure or on the lot where it existed at the time of the adoption of this chapter. The extension of a lawful use to any portion of a nonconforming building which existed prior to the enactment of this chapter shall not be deemed an extension of a nonconforming use.
Nothing herein contained shall require any change in plan, 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 18 months of the date of such permit.
[Amended 3-27-1995 by L.L. No. 1-1995]
Notwithstanding any other provision of this article, any nonconforming building completely destroyed or partially destroyed by fire, flood or other catastrophe may be restored or rebuilt to the same dimension within a period of two years from the date of such destruction, and when so restored or rebuilt, the nonconforming use that it had immediately prior to such destruction may be continued.
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 chapter.
Once changed to a conforming use or conforming building, no building or land shall be permitted to revert to a nonconforming use or nonconforming building.
[1]
Editor's Note: 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.
Whenever the boundaries of a district or zone shall be changed so as to transfer an area from one district or zone to a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein.
All nonconforming signs shall be completely removed from the premises not later than January 1, 1984.