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 to the provisions of this chapter, except
as hereinafter provided.
[Amended 10-20-2003 by L.L. No. 10-2003]
A. A nonconforming use shall not be enlarged or extended,
nor shall any structural alteration be made in any building.
[Amended 8-14-2006 by L.L. No. 8-2006]
B. The Board of Zoning Appeals may consider an application
for an enlargement or extension of a nonconforming building or a building
with a nonconforming use; however, no grant of the relief sought may
be made unless the Board considers and makes findings with respect
to:
(1) The relationship and compatibility of the proposed
enlargement or extension with the surrounding neighborhood; and whether
the enlargement or modification would have any negative economic,
social, natural or physical effect on the surrounding neighborhood,
any Village residents, or the Village as a whole.
(2) Whether the proposed enlargement or extension would
have a materially adverse aesthetic impact such as to negatively affect
the economic, social, physical or material assets or character of
the surrounding properties or the Village as a whole.
(3) Whether a limitation on the time for the enlargement
or extension is appropriate as reasonably required for the Board to
reevaluate the impacts of the enlargement or extension upon the neighborhood,
Village residents, or the Village as a whole.
(4) Environmental considerations under SEQRA regulations,
and the preservation of natural resources.
(5) Whether there will be any negative effect upon the
health, safety and welfare of Village residents should the relief
sought be granted.
C. Nothing in this article shall be deemed to prevent
the keeping in good repair of a nonconforming building or a building
with a nonconforming use.
When a nonconforming use has been discontinued
for a period of one year or more, such use shall be deemed abandoned,
with the right, however, to the owner or lessee to give proof before
the Superintendent of Buildings that there was no intention to abandon
such nonconforming use and to appeal from his decision to the Board
of Appeals, except that where there is a nonuser of the nonconforming
use for a period of two years, then the right to put said building
and premises to such use shall cease and come to an end, and the premises
shall thereafter be put to conforming uses only.
Once changed to a conforming use, no building
or land shall be permitted to revert to a nonconforming use.
No nonconforming use shall be extended to displace
a conforming use.
Applications for building permits shall be made
to the Superintendent of Buildings. The application shall contain
such plans and written information as may be necessary to show that
the proposed construction or use will comply with the provisions of
this chapter and such other Village ordinances and codes as may be
applicable.
Nothing contained in this chapter or an amendment
thereof shall require any change in the plans, construction or designated
use of the building for which a permit has been issued, provided that
construction or use thereof has been started prior to the adoption
of this chapter or amendment made thereto.