The lawful use of any building, structure or
land existing at the time of the enactment of this chapter may be
continued although such use does not conform to provisions of this
chapter.
A.
Unsafe structures. Any structure or portion of that
structure declared unsafe by a proper authority may be restored to
a safe condition.
B.
Restoration. Any building damaged by fire or other
causes may be repaired or rebuilt for the same, but not a different,
nonconforming use.
C.
Alterations. A nonconforming building used for a nonconforming
use shall not be reconstructed or structurally altered during its
life to an extent exceeding in aggregate cost the replacement value
of the building unless said building is changed to a conforming use.
D.
Extension. Any nonconforming use, building or structure
may be enlarged upon issuance of a special permit by the Zoning Board
of Appeals, up to, but not more than, 50% of its floor or lot area
as it existed at the time of passage of this chapter. Such enlargement
must conform to all other regulations of the district in which it
is located and may be used only once for each nonconforming use.
E.
Previous extension. Any nonconforming use, building
or structure which was enlarged to 50% of its floor or lot area under
provisions of the Zoning Ordinance in existence prior to this chapter
may not be enlarged or extended again under the provisions of this
Article.
F.
Displacement. No nonconforming use shall be extended
to displace a conforming use.
G.
Abandonment. No nonconforming use which shall have
ceased for a period exceeding two years shall be resumed.
H.
Changes. A nonconforming use may be changed to another
nonconforming use of a more restrictive classification, and when so
changed to a more restrictive use, it shall not again be changed to
a less restrictive use.
[Added 3-22-2011 by L.L. No. 2-2011]
Any hotel, inn, tourist cabin or motel or any similar structure
or facility, which was originally intended for use or used as a hotel,
inn, tourist cabin or motel upon the effective date of this chapter,
or is a structure that is a conforming use for a hotel, inn, tourist
cabin or motel upon the effective date of this chapter, which is not
in compliance with the amendments enacted to this chapter through
Local Law No. 2 of 2011,[1] shall be afforded six months from the date of being provided written notice of the said amendments to this chapter to come into compliance with the said amendments to this chapter and with any other applicable sections of this chapter. Failure to do so shall constitute a violation of this chapter and more particularly § 149-9, Applicability, hereof.
[1]
Editor's Note: Adopted 3-22-2011.
Nothing herein contained shall require any change
in plans, construction or designated use of a building for which lawful
construction has commenced prior to the effective date of this chapter
and is diligently continued. The entire building shall be completed
within two years from the effective date of this chapter or shall
be deemed in violation of this chapter.
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, the foregoing provision shall
also apply to any nonconforming uses existing therein.
A.
Any nonconforming lot of record as of the date of
this chapter which does not meet the minimum lot area and/or minimum
lot width requirements of this chapter for the zoning district in
which such lot is situated shall be considered as complying with such
minimum lot requirements, and no variance shall be required.
B.
Any nonconforming lot of record in an approved subdivision
as of the date of this chapter which does not meet the minimum lot
area and/or the minimum lot width requirements of this chapter for
the zoning district in which such lot is situated shall be exempt
from such minimum lot requirements, and no variance shall be required,
if said lot is shown and delineated on a subdivision plat of land
into residential use, duly approved by the Moreau Planning Board subsequent
to the effective date of the first Zoning Ordinance of the Town of
Moreau, and said subdivision plat has been duly filed in the office
of the Saratoga County Clerk in accordance with law.
