Town of North Collins, NY Article X Nonconforming Uses

§ 265-33 Continuation of use.

Any use which is made a nonconforming use by this chapter or by any subsequent amendments thereto may be continued, except as hereinafter provided.

§ 265-34 Change in use.

A nonconforming use may be changed to a use in the same use group or in a use group with a lower number; provided, however, that no nonconforming residential dwelling or dwelling unit situated in an M District shall be altered, enlarged or changed in such manner as to create additional nonconforming dwelling units. Once a nonconforming use is changed to a conforming use or to a more-restricted use, such use thereafter shall not revert to a less-restricted use.

§ 265-35 Extension or enlargement.

Unless otherwise provided in this article, a nonconforming use shall not be enlarged or extended, except that, in any C or M District, any nonconforming building may be enlarged to an extent not exceeding 25%, in the aggregate, of the gross floor area devoted to such nonconforming use. In no case shall such enlargement extend beyond the lot occupied by such nonconforming use nor violate any height, yard, parking area or other open space requirements of this chapter. When the total of all enlargements equals 25% of the gross floor area existing at the time such use became a nonconforming use, no further enlargements shall be permitted.

§ 265-36 Repair or alteration.

A. Nothing herein shall be deemed to prevent normal maintenance of a building or other structure containing a nonconforming use, including nonstructural repairs and incidental alterations not extending the nonconforming use.

B. No structural alterations shall be made in a building or other structure containing a nonconforming use except:

(1) When required by law.

(2) To restore to a safe condition any building or structure declared unsafe by the Code Enforcement Officer.

(3) To accomplish permitted enlargements.

(4) To accomplish a change to a conforming use or to a use in a use group with a lower number.

§ 265-37 Restoration.

Unless granted a variance by the Zoning Board of Appeals, no nonconforming building or structure which has been damaged by fire or other causes to the extent of 50% or more of its equalized assessed value, as determined by a Town Assessor of the Town of North Collins, shall be rebuilt or repaired except in conformance with the regulations of this chapter. In such reconstruction, neither the floor area nor the cubical content shall be increased from the original nonconforming building.

§ 265-38 Discontinuance.

In any district, whenever a nonconforming use of land, premises, 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 use shall be in conformity with the provisions of this chapter. Such discontinuance of the active and continuous operation of such nonconforming use, or a 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 in fact is evidenced by the removal of buildings, structures, machinery, equipment and other evidences of such nonconforming use of the land and premises, the abandonment shall be construed and considered to be completed within a period of less than one year, and all rights to reestablish or continue such nonconforming use shall thereupon terminate.[1]

[1] Editor's Note: Original Section 8-07, Cessation, which immediately followed this section, was repealed 12-4-1991 by L.L. No. 2-1991.