§ 220-107. Preexisting nonconformities.

A. 

Defined. A preexisting nonconformity is a use, structure, lot, or condition that does not comply with this chapter but was established before adoption of the law or amendment that rendered it noncompliant. An existing use shall not be considered nonconforming solely because the building within which it operates is nonconforming due only to insufficient yard distances or lot area.

B. 

Applicability. This article shall apply to all preexisting nonconformities, as defined herein with the exception of outdoor lighting which is addressed in § 220-77 and signs which are addressed in § 220-79.

C. 

Continuation and maintenance. Preexisting nonconformities may be maintained and shall be allowed to continue subject to the requirements of this article.

D. 

Preexisting nonconforming lots. A preexisting nonconforming lot may be used for any purpose permitted in the zoned district within which it is located, irrespective of its area or width, provided that at the time the lot first became of record, the lot conformed to the zoning regulations of the Town of Canandaigua then in effect and provided that all other provisions of the Town Zoning Law and other applicable laws and regulations are adhered to.

E. 

Certificate of nonconformity.

(1) 

A certificate of nonconformity issued by the Zoning Officer shall be required as part of any request to the Town to change a preexisting nonconformity.

(2) 

A certificate of nonconformity may be requested by the property owner.

(3) 

A certificate of nonconformity shall:

(a) 

Include a map depicting the boundaries of the subject property as well as physical improvements and uses.

(b) 

Identify and describe all instances wherein the nonconformity fails to comply with the provisions of this chapter and the date they were established.

F. 

Restoration.

[Amended 2-13-2012 by L.L. No. 1-2012]

(1) 

A preexisting nonconformity may be repaired, replaced or in other ways restored to its previous condition if damaged by fire, extreme weather, or other unintentional cause, unless such restoration will create a threat to the public health, safety and/or welfare. Such restoration must be completed within a reasonable time limit as established by the Code Enforcement Officer and in compliance with Chapter 88 of the Town Code and the New York State Uniform Fire Prevention and Building Code.

Editor's Note: See Executive Law § 370 et seq.

(2) 

Nothing in this chapter shall prevent the immediate strengthening or restoring to a safe condition any structure which has been declared unsafe by the Code Enforcement Officer. After making said declaration, the Code Enforcement Officer may waive requirements described in Subsection E of this section.

G. 

Changes.

(1) 

Changes to preexisting nonconformities that reduce the degree of nonconformance shall be allowed.

(2) 

Preexisting nonconformities shall not be altered by way of additional or more intensive use(s), physical modifications, property boundary modifications, or by any other way that increases the degree of nonconformance without first obtaining a variance from the Zoning Board of Appeals. Upon application for such variance, a request shall be made to the Planning Board for a recommendation regarding potential impacts.

(3) 

The Zoning Board of Appeals may, as a condition of variance approval, require a site plan review by the Planning Board.

H. 

Abandonment.

(1) 

Abandonment of a preexisting nonconformity shall include the cessation of the subject use or condition and/or intentional destruction/removal of nonconforming structures.

(2) 

A preexisting nonconformity being restored in accordance with Subsection F of this section shall not be considered to have been abandoned.

(3) 

Preexisting nonconformities that have been abandoned for more than one year shall not be reestablished except as in compliance with the requirements of Town Code.

(4) 

The Zoning Officer shall be responsible for establishing and documenting the initial date of abandonment.

I. 

Existing authority. This article does not supersede or abrogate any existing authority of Town Staff to require, limit, or prohibit modifications of structures, uses, and conditions whether they be conforming or nonconforming as may be needed to address existing and potential threats to the public health, safety, and welfare.