A.
In any district, whenever a nonconforming use of land, premises,
a building or structure or any part or portion thereof has been discontinued
for a period of one year, such nonconforming use shall not thereafter
be reestablished, and all future uses shall be in conformity with
the provisions of this chapter. Such discontinuance of the active
and continuous operation of such nonconforming use or part or portion
thereof for such period of one year 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. If actual abandonment of the nonconforming
use of land and/or buildings is in fact evidenced by the removal of
buildings, structures, machinery, equipment or other evidences of
such nonconforming use, the abandonment shall be construed to be completed,
and all rights to reestablish or continue such nonconforming use shall
be terminated immediately.
B.
The lawful use of any building or land existing at the time of the
enactment of this chapter may be continued; however, any change, expansion,
or modification of such use shall require Planning Board and Zoning
Board of Appeals review.
A nonconforming building, structure or lot, as defined in § 300-6, may be continued subsequent to the adoption of this chapter, provided that no such building or use may be enlarged or altered except with a special use permit granted by the Zoning Board of Appeals in accordance with § 300-46, and no such building shall be enlarged or increased in such a way as to increase the nonconformity or to create a new nonconformity without a variance from the Zoning Board of Appeals.
Nonconforming use rights, subject to the provisions of this
article, remain with the land when the title is transferred.
A nonconforming use may be changed to another nonconforming
use only upon approval by the Zoning Board of Appeals. No nonconforming
use shall, if once changed to a conforming use, be changed back to
a nonconforming use.
Except as noted otherwise in this chapter, to avoid undue hardship,
nothing in this chapter shall be deemed to require a change in the
plans, construction or designated use of any building on which actual
construction was lawfully begun prior to the effective date of adoption
of this chapter or any amendment thereto and upon which actual building
construction has not been interrupted.
If a nonconforming building or land use activity or part thereof
has been, by any means, destroyed less than 50%, it may be rebuilt
or restored as a nonconforming building or use only if reconstructed
or restored with the same or less floor area and cubic content and
with the same or an improved general site layout as that of the original
structure. Zoning Board of Appeals approval of reconstruction or restoration
plans shall be required, and the Zoning Board of Appeals may impose
conditions on such approval if such conditions would improve an otherwise
bad situation and bring the nonconforming use or activity more in
conformity with the regulations for the district in which it is located.
Application for Zoning Board of Appeals approval for reconstruction
or restoration shall be made within six months from the date of damage
or destruction and work commenced within six months from the date
of Zoning Board of Appeals approval. Failure to meet these time limits
shall terminate the nonconforming use, except that one six-month extension
to either or both time limits may be granted by the Zoning Board of
Appeals.
Discontinuance of any nonconforming use or activity for a period
of 12 consecutive months or for a total of 20 months in any three-year
period shall terminate such nonconforming use of the building and
premises. No such nonconforming use shall be reinstated, and any subsequent
use of such building and premises shall be in conformance with the
provisions of this chapter for the area in which such building or
premises is located. The date of discontinuance of a nonconforming
use shall be determined by the Zoning Officer, who shall send written
notice of such action to the property owner, with a copy to the Town
Clerk. Extension of the termination date of such nonconforming use
for an additional six months may be granted by the Zoning Board of
Appeals after a public hearing.
For provisions on the repair or removal of unsafe buildings and collapsed structures, see Chapter 131, Buildings, Unsafe, of the Code of the Town of Seneca Falls.
