Any use other than parking or lack of landscaping in a required landscaping area which is made nonconforming by any use regulation of this chapter or by any subsequent amendments thereto may be continued except as hereinafter provided and except that neither the restrictions on the enlargement or extension of nonconforming uses provided for in § 260-62 nor the restrictions on the restoration of damaged structures provided for in § 260-64 shall apply to any two-family residence made nonconforming by the reclassification of such residences as a principal permitted use in the RS District.
A.
A nonconforming use may be changed to any other use
permitted in the district in which such existing nonconforming use
is first permitted. Any additional restrictions or requirements which
apply to the changed use shall be complied with before such change
in use can be allowed. Once a nonconforming use is changed to a conforming
use or to a more restricted use, such use shall thereafter not revert
to a less restricted use. The regulations of the district in which
the use is first permitted shall be complied with and shall apply
to the property for enforcement purposes.
B.
Any increase in the intensity of a nonconforming use
shall be prohibited unless the requirements of this chapter (i.e.,
off-street parking) relating to the use in question are fully complied
with.
Such 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
requirement 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.
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 alteration shall be made in a building
or other structure containing a nonconforming use except:
[Amended 2-19-2014 by L.L. No. 1-2014; 11-23-2021 by L.L. No. 2-2021]
Notwithstanding any other provisions of the Town Code, such nonconforming building or other structure which has been damaged or destroyed by any means to the extent of 75% or more of its equalized assessed value as determined by the Board of Assessors of the Town of Cheektowaga, or which has been ordered to be demolished or removed in accordance with Local Law No. 1 of 1968, shall not be rebuilt nor repaired except in conformance with the regulations of this chapter and except for residential dwelling(s). In the case of a permitted restoration of a nonconforming use, neither the floor area nor the cubical content shall be increased from the original nonconforming building or other structure. This provision shall not affect the restoration of lawful nonconforming residential dwellings. Prior to such restoration, the provisions of § 260-47.1, Site plan approval, shall be required when 75% or more of the buildings destroyed within constitute residential dwelling(s).
In any district, whenever a nonconforming use
of land, building or other 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 of an intent to resume active operations. If actual abandonment
in fact is evidenced by the removal of buildings, other structures,
machinery, equipment or 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.
The following nonconforming uses may be continued
for a period of three years, provided that after the expiration of
such period any such nonconforming use shall become an unlawful use
and shall be terminated:
A.
In any R District, any nonconforming use not in an
enclosed building, including, but not limited to, junk business, auto
wrecking and dismantling and the storage of motor vehicles which do
not qualify for a New York State motor vehicle inspection sticker.
B.
Commercial and/or unlicensed vehicles in residential district. Except in M and AG Districts, no owner of lands shall permit principal garaging or open storage of any commercial vehicle as defined in Subsection B(6) of this section, except that one commercial vehicle, the rated capacity of which shall not exceed 3/4 tons, shall be permitted only if housed within a completely enclosed building.
(1)
Trailer: Any structure which is mounted or designed
for mounting on wheels and which includes accommodations designed
for sleeping or living purposes for one or more persons, and designed
to be towed behind a motor vehicle.
(2)
Camper trailer: Any structure which is mounted or
designed for mounting on wheels and which includes accommodations
designed for sleeping or living purposes for one or more persons,
and designed to be towed behind a motor vehicle.
(3)
Camper: A compact, temporary living unit which sets
in the bed of a pickup truck.
(4)
Recreational vehicle: Any motorized vehicle which
may include sleeping or living purposes for one or more persons.
(5)
Boat: Any vessel capable of transport by water.
(6)
Commercial vehicle: A pickup truck, van or other vehicle
with a license plate and/or registration which designates the vehicle
as being commercially licensed and which advertises by name or symbol
any business or service, (automobile dealership labels excluded).
C.
In any R District, a nonconforming sign, or nonconforming
building or other structure with an assessed value under $500.
A.
Continuation. Any building, other structure or use
of land which is made nonconforming by any lot size, open space, height
or building size regulations of this chapter, or by any subsequent
amendments thereto, may be continued, except as hereinafter provided.
B.
Enlargement or extension. Such nonconforming building,
other structure or use of land may be enlarged or extended, provided
that any such enlargement or extension shall comply with the regulations
of this chapter.
C.
Repair or alteration. Such nonconforming building
or other structure may be repaired or structurally altered, provided
that alterations creating enlargements or extensions shall conform
to the regulations of this chapter.
D.
Restoration. Such nonconforming building or other
structure which has been damaged or destroyed by any means to the
extent of 75% or more of its equalized assessed value as determined
by the Town Board of Assessors of the Town of Cheektowaga, or which
has been ordered to be demolished or removed in accordance with Local
Law No. 1 of 1968, shall not be rebuilt nor repaired except in conformance
with the regulations of this chapter. In the case of a permitted restoration
of any such nonconforming use, the degree of nonconformance of the
original building or other structure shall not be increased.
