A.
Within the districts established by this chapter or
amendments that may later be adopted there exist uses of land, or
uses of structures, or uses of structures and land which were lawful
before this chapter was passed or amended, but which would be prohibited
or restricted under the terms of this chapter or future amendment,
herein referred to as "nonconforming uses." There may also exist lots
or structures or lots and structures which would be regulated and
restricted in ways other than their use, herein referred to as "noncomplying
lots or structures."
B.
It is the intent of this chapter to permit such nonconforming or noncomplying uses to continue until they are removed or discontinued, since they are felt to be incompatible with the permitted uses in the districts involved. In some special cases, approved by the Board of Appeals, they may be changed to another nonconforming use or to a use determined to be more conforming than the existing use. However, existing nonconforming transient rental units shall be subject to the regulations under § 300-17.1 for annual registration and conditions of termination.
[Amended 1-18-2018 by L.L. No. 1-2018]
C.
It is the general intent of this chapter that nonconforming
or noncomplying uses shall not be enlarged upon, expanded or extended,
nor be used as grounds for adding other uses prohibited elsewhere
in the same district or in the Village.
[Amended 11-24-2014 by L.L. No. 14-2014; 2-23-2015 by L.L. No. 3-2015; 11-25-2019 by L.L. No.
11-2019]
A.
Uses of land. Where at the effective date of adoption
or amendment of this chapter lawful use of land exists that is made
no longer permissible under the terms of this chapter as enacted or
amended, such use will be considered a nonconforming use, but may
be continued so long as it remains otherwise lawful, subject to the
following provisions:
(1)
No such nonconforming use may be expanded or intensified
to occupy a greater area of land than was occupied at the effective
date of adoption or amendment of this chapter;
(2)
No such nonconforming use may be moved in whole or
in part to any other portion of the lot or parcel occupied by such
use at the effective date of adoption or amendment of this chapter;
(3)
If any such nonconforming use of land ceases for any
reason for a period of more than 12 months, any subsequent use of
such land must conform to the regulations specified by this chapter
for the district in which such land is located.
B.
Uses of structures or structures and land. Where at
the effective date of adoption or amendment of this chapter lawful
use of a structure or structure and land in combination exists that
is made no longer permissible under the terms of this chapter as enacted
or amended, such use will be considered a nonconforming use, but may
be continued so long as it remains otherwise lawful, subject to the
following provisions:
(1)
No existing structure devoted to a use not permitted
by this chapter in the district in which it is located may be enlarged,
extended, moved or structurally altered except in changing the use
of the structure to a use permitted in the district in which it is
located or to meet health and safety codes for the existing nonconforming
use;
(2)
A nonconforming use may exist only in or on that portion of a building, structure, or land that was manifestly arranged or designed for such use at the time of adoption or amendment of this chapter and may not be expanded or intensified except as allowed under § 300-16E(2);
(3)
Any structure or structure and land in combination
in or on which a nonconforming use is superseded by a permitted use
must thereafter conform to the regulations for the district in which
such structure is located, and the nonconforming use may not thereafter
be resumed;
(4)
When a nonconforming use of a structure, or structure
and land in combination, is discontinued or abandoned for a period
of a year (12 months) or more, the structure or structure and land
in combination must not thereafter be used except in conformance with
the regulations of the district in which it is located;
(5)
Where nonconforming use status applies to a structure
or to a structure and land in combination, removal of the structure
will eliminate the nonconforming status of the land;
(6)
Where nonconforming use status applies to a structure
or to a structure and land in combination, and the structure is damaged
or destroyed by any means, it may not be repaired or restored or its
use continued as a nonconformity unless such repair or restoration
commences within one year from the time of such damage or destruction.
Failure to so repair or restore or so resume such use will eliminate
the nonconforming status of the land.
[Amended 11-25-2019 by L.L. No. 11-2019]
A.
Lots of record.
(2)
In any district in which single-family dwellings are
permitted, notwithstanding limitations imposed by other provisions
of this chapter, a single-family dwelling and accessory uses or structures
may be erected on any single lot of record at the effective date of
adoption or amendment of this chapter.
(3)
Variance
of yard dimensions and other requirements may be obtained only through
action of the Zoning Board of Appeals.
B.
Structures, Where a lawful structure exists at the
effective date of adoption or amendment of this chapter that could
not be built under the terms of this chapter by reason of restrictions
on lot coverage, height, yards, or other characteristics of the structure
or its location on the lot, such structure will be considered a nonconforming
structure and may continue to exist subject to the following provisions.
(1)
No such structure may be enlarged or altered in a
way which increases its noncompliance unless a variance has been granted
by the Zoning Board of Appeals.
(2)
Should such structure be damaged or destroyed by any
means, it may not be repaired or restored or its nonconforming uses
continued unless such repair or restoration commences through physical
work or permitting processes within one year from the time of such
damage or destruction unless varied by the Zoning Board of Appeals.
(3)
Should such structure be moved for any reason for
any distance whatever, it must thereafter conform to the regulations
for the district in which it is located after it is moved.
A.
On any building devoted in whole or in part to any
nonconforming or noncomplying use, work may be done in any period
of 12 consecutive months on ordinary repairs, or on repair or replacement
of nonbearing walls, fixtures, wiring or plumbing, to an extent not
exceeding 50% of the true value of the building, provided that the
cubic content of the building as it existed at the time of passage
or amendment of this chapter shall not be increased.
B.
Nothing in this chapter shall be deemed to prevent
the strengthening or restoring to a safe condition of any building
or part thereof declared to be unsafe by any official charged with
protecting the public safety, upon order of such official.
Any nonconforming use may be changed to any
conforming use or, on application to and with the approval of the
Board of Appeals, to any use which the Board of Appeals deems to be
more similar in character with the uses permitted in the district
in which said change of use is proposed. Any nonconforming structure
or structure and land may be changed to a conforming use, regardless
of whether the newly created conforming use is noncomplying as to
bulk, subject to approval by the Board of Appeals, subject to the
same general considerations applicable to the granting of special
permits and subject to site development plan approval.
