The regulations of this article shall apply to all nonconforming
uses and structures within the Village of Churchville.
Any legal nonconforming use or structure existing at the time
of the passage of this chapter may be continued, except as hereinafter
provided.
A nonconforming use may be changed to a permitted use or more
restricted use. Once changed to a conforming use or to a more restricted
use, such use thereafter shall not revert to a nonconforming use or
less restricted use.
A.
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 uses shall be in conformity with
the provisions of this chapter.
B.
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 reservations of an intent not
to abandon the same or an intent to resume active operations.
C.
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.
A.
Nothing in this article shall prevent the restoration of a structure
or part thereof destroyed by fire, explosion, act of God or act of
public enemy, or shall prevent the continuance of such use as it existed
at the time of the destruction of such structure or part thereof,
provided such restoration is commenced within one year after the destruction
or loss and is completed within two years of the date of destruction
or loss.
B.
In such restoration, no element of nonconformity (e.g., floor area,
setback, height, etc.) shall be increased from the conditions of the
original nonconforming structure.
C.
Any effort to restore, repair, or rebuild a nonconforming structure
made after this one-year period shall be required to bring such structure
or part thereof into conformance with the provisions of this chapter.
Nothing herein shall be deemed to prevent keeping in good repair
a nonconforming structure or restoration to a safe condition of any
structure declared unsafe by the CEO.
Nothing herein shall be construed so as to prevent the compliance
of an existing multifamily dwelling with the New York State Multiple
Residence Law.
