The lawful use of any building or land existing
at the time of the enactment of this chapter may be continued although
such use does not conform with the provisions of this chapter, except
as follows:
A.
Natural resources. Any natural production use, such
as the excavation and sale of sand, gravel, clay, shale or other natural
mineral deposit or the quarrying of any kind of rock formation, in
existence in any district at the date of this enactment of this chapter
must be reported to the Board of Appeals within 30 days of such date
and must be conducted in accordance with such safeguards as required
by state and local law.
B.
Short-term rental. Short-term rentals were not a permitted use prior to the adoption of Local Law No. 2 of 2021. Nevertheless, several dwelling units have been used as short-term rentals, although unpermitted, and the Village believes that this has been due to the good-faith belief that such use has been a permitted use. Accordingly, during a period of 18 months following enactment of Local Law No 2 of 2021, where a dwelling unit has been modified to accommodate short-term rental use prior to the effective date of Local Law No. 2 of 2021, the Village Board of Trustees may waive one or more of the requirements of the special use permit required by § 180-13B(9) and § 180-14B(8) and Article IV of this chapter if the Zoning Board of Appeals has denied an application for a short-term rental special use permit. The person seeking such relief must show by clear and convincing proof, and the Board of Trustees must articulate in its decision, an inability to obtain a special use permit pursuant to the requirements set forth in Article VI, § 180-27.1, Bed-and-breakfasts and short-term rentals, without material expense or hardship, other than the requirements to provide adequate parking or compliance with other laws or NYS regulations, which conditions may not be waived. The Board of Trustees shall balance the expense or hardship against the public interest to be served. An example of a material expense is the owner spending $5,000 for improvements of a dwelling unit to be used as a short-term rental. An example of a material hardship is an existing contract for a short-term rental which cannot be terminated. An example of a requirement which could be waived by the Village Board is the residency requirement.
[Added 4-21-2021 by L.L. No. 2-2021]
The lawful use of any building or land existing
at the time of the enactment of this chapter may be continued although
such use does not conform with the provisions of this chapter, except
as follows:
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. A nonconforming use shall not be extended,
but the extension of a lawful use to any portion of a nonconforming
building used for a nonconforming use that existed prior to the enactment
of this chapter shall not be deemed the extension of such nonconforming
use.
E.
Displacement. No nonconforming use shall be extended
to displace a conforming use.
F.
Abandonment. A nonconforming use which shall have
ceased for a period exceeding two years shall not be resumed unless
such resumption results from application to and authorization from
the Board of Appeals following a public hearing.
G.
Changes. Once changed to a conforming use, no building
or land shall be permitted to revert to a nonconforming use.
Nothing herein contained shall require any change
in plans, construction or designed use of a building for which 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 provisions shall
also apply to any nonconforming uses existing therein.
