Except as otherwise provided in this Article,
the lawful use of land or buildings existing at the date of the adoption
of this chapter may be continued although such use or building does
not conform to the regulations specified by this chapter for the zone
district in which such land or building is located. The following
provisions shall, however, apply to all nonconforming uses:
A.
A nonconforming lot shall not be further reduced in
size.
B.
A nonconforming building shall not be enlarged, extended
or increased unless such enlargement would tend to reduce the degree
of nonconformance.
D.
A nonconforming use may be changed into a conforming
use. When a nonconforming use is changed to conform to the requirements
of this chapter, the use of the building or tract of land shall not
be changed again except in accordance with these regulations.
E.
Where such nonconforming use is upon the land itself
and not enclosed within a structure or where such use involves the
removal of soil, minerals or the excavation of gravel or rock or other
material, such use may be continued upon the land being so used at
the time of the adoption hereof. Any such nonconforming use of the
land may be extended or expanded to include any part of the plot or
parcel of land now being used or held in reserve for future use, provided
that such enlargement does not involve the use of any lot acquired
or the excavation rights of which were acquired by the excavation
operator after the effective date of this chapter. However, such extension
or expansion of such nonconforming use shall comply with the setback
and fencing requirements of this chapter.
After the effective date of this chapter, upon
the written request of the owner of any structure or premises or at
the instance of the Zoning Officer, an examination by the Zoning Officer
of any existing use shall be made. A report of the findings made upon
such examination shall thereafter be filed with the Zoning Board of
Appeals, together with a certificate of existing nonconforming use,
which shall clearly describe the premises and structure, if any, referred
to and shall specify the nature and extent of such existing use. Such
certificate shall be prepared in triplicate, one copy of which shall
be maintained by the Zoning Officer, one copy of which shall be furnished
to the Zoning Board of Appeals and one copy to be furnished to the
owner.
A nonconforming use and/or structure shall not
be expanded except in conformance with the procedures and regulations
specified in this section. In no case shall such expansion extend
beyond the lot occupied by such nonconforming use or structure. The
expansion of a nonconforming use or structure hereunder shall be subject
to approval by the Village Board, and each case shall be considered
on an individual basis. Application forms for the expansion of a nonconforming
use and/or structure shall be obtained from the Zoning Officer. The
Zoning Officer shall issue a permit to allow the expansion of a preexisting
nonconforming use and/or structure only upon written authorization
of the Village Board. The Village Board in considering such special
requests shall, at a minimum, address the following potential concerns:
A.
Standards applicable to authorizing the expansion
of a nonconforming use and/or structure:
(1)
The location and size of the nonconforming use and/or
structure, the nature and intensity of the operations involved in
or conducted in connection with it, the size and site in relation
to it, the location of the site in relation to it, the location of
the site with respect to streets giving access thereto. Conditions
shall be in place such that the expansion will not be inconsistent
with the orderly development of the district in which the use is located.
(2)
Screening or other protective measures shall be adequate
to protect any adjacent properties from objectionable aspects of any
such expansion of the nonconforming use.
(3)
Off-street parking areas shall be of adequate size
for the particular use, and access drives shall be laid out so as
to achieve maximum safety and minimum inconvenience to adjacent properties.
(4)
The Village Board may prescribe any condition that
it deems necessary or desirable to aid it in making a determination
on the application and to protect the interests of the community and
adjacent properties.
B.
Public hearing.
(1)
Before authorizing the expansion of a nonconforming
use and/or structure, the Village Board shall give public notice and
hold a public hearing on the application in the same manner as required
by law for amendments to the chapter.
(2)
Prior to such public hearing, the application shall
be referred to the Village Planning Board for report and recommendation.
The Planning Board shall have 30 days after said referral to state
its position relative to the proposed application. The Village Board
shall hold such public hearing at the earliest possible date following
the thirty-day referral period and may take action on the proposal
as it deems appropriate.
C.
Limitations. An authorization to permit the expansion
of a nonconforming use and/or structure shall be deemed to authorize
only the particular use or structure specified in the application
and shall apply only to the area specified in the permit. A permit
authorizing an expansion under this section shall expire within six
months from the date of issuance if the nonconforming use and/or structure
is not expanded or enlarged.
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 uses shall
be in conformity with the provisions of this chapter. Such discontinuance
of the active and continuous operation of such nonconforming use or
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 the same or of an intent
to resume active operations. If actual abandonment in fact is evidenced
by the removal of buildings, 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 and
all rights to reestablish or continue such nonconforming use shall
thereupon terminate.
A.
Any building damaged by fire or other unintentional
causes to the extent of more than 50% of its true value shall not
be repaired or rebuilt except in conformance with this chapter. In
the case of a permitted restoration of a nonconforming use, such restoration
shall not increase the degree of nonconformance.
B.
Nothing in this chapter shall prevent the strengthening
or restoring to a safe condition any wall or roof which has been declared
unsafe by the Building Inspector/Code Enforcement Officer.
C.
Normal maintenance repairs and incidental alteration
of a building or other structure containing a nonconforming use shall
be permitted, provided that it does not extend the area or volume
of space occupied by the nonconforming use.
D.
Any building which is nonconforming due to insufficient
yard distances or lot area shall not be considered a nonconforming
use. Any alterations or structural changes may be accomplished within
the existing frame of said building, but any additions shall conform
to the specific setback and yard distance requirements of this chapter.
Whenever the boundaries of a district shall
be changed so as to transfer an area from one district to another
of a different classification, the foregoing provisions shall also
apply to any nonconforming uses existing therein or created thereby.
Nothing herein contained shall require any change
in plans, construction or designated use of a building or site complying
with existing laws and for which a permit had been duly granted prior
to the adoption of this chapter or any applicable amendment thereto.
