Town of Orchard Park, NY
Erie County
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Table of Contents
Table of Contents
Except as otherwise provided in this chapter, any nonconforming use of any structure or land existing at the date of the original enactment of the ordinance from which this chapter was derived may be continued.
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 same or 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 establish or continue such nonconforming use shall thereupon terminate.
Notwithstanding any other provisions of this chapter, any automobile wrecking yard and any billboard, advertising structure or nonconforming sign in existence in any district on the date of the original enactment of the ordinance from which this chapter is derived shall, at the expiration of one year from such date, become a prohibited and unlawful use and shall be discontinued.
Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to a use of the same classification, and when changed to a more restricted classification, such use thereafter shall not be changed to a less-restricted classification.
A nonconforming use shall not be extended except within the same building which it partially occupied at the date of the enactment of the ordinance from which this chapter is derived, and then only with the approval of the Board of Appeals.
A. 
A nonconforming building may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost 50% of the market value of the building at the time of its reconstruction or structural alteration unless said building is reconstructed or altered to conform to the requirements of this chapter, except that the Town Board, upon the recommendation of the Planning Board, may allow reconstruction or structural alteration of a nonconforming building.
B. 
A building devoted to a nonconforming use may not be reconstructed or structurally altered during its life to an extent exceeding 50% of the market value at the time of its reconstruction or structural alteration unless said building is devoted to a conforming use, except that the Town Board, upon the recommendation of the Planning Board, may allow reconstruction or structural alteration of a building devoted to a nonconforming use.
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, or whenever the text of this chapter shall be changed with respect to the uses permitted in a district, the provisions of this chapter shall also apply to any nonconforming uses existing therein.