A.
General.
(1)
Legally Existing Uses, Structures, Lots, Etc. Except as otherwise provided in this chapter, a Use, Structure, Lot, Sign, or Security Grill of any of the following types that legally existed as of the Effective Date of this chapter, any amendment of this chapter or any amendment to the Zoning Map, may be continued as a legal nonconformity in accordance with the provisions of this § 345-901 and certification by the Zoning Administrator pursuant to § 345-803D:
(2)
Proof of Nonconformity. The burden of establishing the prior
existence of a nonconformity is on the applicant. When applying for
any permit or approval related to a nonconformity, the applicant shall
be required to submit evidence of a prior permit or other documentation
showing that the nonconformity existed prior to the date on which
it became nonconforming.
(3)
Illegality. Any Use, Structure, Lot, Sign, or Security Grill
that was illegal prior to the Effective Date of this chapter or the
Zoning Map remains illegal if it does not conform to the provisions
of this chapter or Zoning Map.
(4)
Ordinary Maintenance or Repair. Notwithstanding any other provision
of this chapter, Ordinary Maintenance or Repair may be done without
affecting the lawful nonconforming status of a Use or Structure.
B.
No Change in Nonconforming Use of Land. No Nonconforming Use may
be enlarged, increased, or extended to occupy more land than that
occupied by such Use on the Effective Date of this chapter, any amendment
of this chapter, or any amendment to the Zoning Map, nor may any such
Nonconforming Use be moved in whole or in part to any other portion
of the Lot or parcel of land occupied by such Nonconforming Use at
such time.
C.
Cessation of Nonconforming Use of Land. If a Nonconforming Use of
land, or any portion thereof, ceases for any reason for any continuous
period of more than 12 months or is changed to a conforming Use, any
future Use of the land must conform to the provisions of this chapter.
D.
Nonconforming Use.
(1)
Damage or Destruction of Structure. If any Structure used for
a Nonconforming Use is damaged or destroyed by any means:
(a)
To an extent of more than 50% of the Full Value of the Structure,
no reconstruction or repairs may be made unless the Use of every portion
of the Structure is made to conform to this chapter; or
(b)
To an extent of 50% or less of the Full Value of the Structure,
it may be reconstructed or repaired to its previous condition and
the Nonconforming Use continued, so long as the nonconformity is not
expanded, no new nonconformity is created, and if the reconstruction
or repair is started within one year of such damage or destruction
and is diligently pursued to completion.
(2)
Extension of Nonconforming Use. Any such Nonconforming Use may
be extended throughout any parts of the Structure that were manifestly
arranged or designed for such Use as of the Effective Date of this
chapter, any amendment of this chapter, or any amendment to the Zoning
Map.
(3)
Change to Another Use. If no Alterations are made, a Nonconforming
Use may be changed to another Nonconforming Use which, in the determination
of the Zoning Board of Appeals, either by general rule adopted on
a request by the Planning and Economic Development Zoning Administrator
or on a specific finding on appeal of a particular case, is of the
same or of a more restricted nature.
(4)
Cessation of Nonconforming Use. If any Nonconforming Use, in
whole or in part, ceases for any reason for a continuous period of
one year or more then the legal status of such Nonconforming Use shall
terminate and any future Use of such Structure must conform to this
chapter.
(5)
Removal of Structure Used for Nonconforming Use. If any Structure
in or on which any Nonconforming Use is conducted or maintained is
removed, the subsequent Use of the land on which such Structure was
located and the subsequent Use of any Structure thereon must be made
to conform to this chapter.
E.
Nonconforming Structures.
(1)
Damage or Destruction of Structure. If any Nonconforming Structure
is damaged or destroyed by any means:
(a)
To an extent of more than 50% of the Full Value of the Structure,
no reconstruction or repairs may be made unless every portion of the
Structure is made to conform to this chapter; or
(b)
To an extent of 50% or less of the Full Value of the Structure,
it may be reconstructed or repaired and the legality of the Nonconforming
Structure continued, if the reconstruction or repair is started within
one year of such damage or destruction and is diligently pursued to
completion.
(2)
Cessation of Use of Nonconforming Structure. If any Nonconforming
Structure ceases to be in use for any reason for a continuous period
of one year or more or is changed to a conforming Structure, or if
the Structure is moved for any distance whatever, for any reason,
then the legal status of such Nonconforming Structure shall terminate.
(3)
Removal of Nonconforming Structure. If any Nonconforming Structure
is removed, any subsequent Structure must conform to this chapter.
F.
Nonconforming Lots.
(1)
Lots Subject to Conveyance. A Building Permit may be issued
for the erection of a Structure on a Lot or other parcel for which
a valid conveyance or contract of sale has been executed or delivered
prior to the Effective Date of this chapter, or any amendment of this
chapter, or any amendment of the Zoning Map, even though the area
or dimensions of such Lot or parcel are less than that required by
this chapter if:
(a)
All other standards and requirements of this chapter are met;
and
(b)
The owner of such Lot or parcel does not also own or have other
Lots or parcels contiguous thereto under option or contract to purchase
as of the Effective Date of this chapter, any amendment of this chapter,
or any amendment of the Zoning Map.
(2)
Combination of Lots Required. In the case of § 345-901F(1)(b),
such other Lots or parcels, or as much thereof as may be necessary,
must be combined with the original Lot or parcel to make a single
property, whereupon a Building Permit for the erection of a Structure
may be issued if all other requirements of this chapter are met.
G.
Nonconforming Signs.
(2)
Amortization of or Compensation for Nonconforming Sign Subject
to Removal. For any Nonconforming Sign that is required to be removed
pursuant to this section, the Planning Commission, at its discretion,
may either:
(a)
Allow such Sign to remain for an amortization period of one
year after the Effective Date of this chapter or such longer period
as may be established pursuant to § 345-901G(3); or
(b)
Require immediate removal of such Sign and compensate the owner
thereof for the fair market value of such Sign as of the Effective
Date of this chapter, as determined by a qualified, independent appraiser
selected pursuant to § 345-901G(4).
(3)
Extension of Time for Removal.
(a)
Application by Owner. Any owner of any such nonconforming unlawful
Sign, who alleges that the amortization period herein provided is
unreasonable as to such Sign, may apply to the Planning Commission
for an extension of time for amortization of such Sign.
(4)
Appraiser. In any case in which an appraiser is required to provide a cost, value, or useful life of a Sign pursuant to this § 345-901, such appraiser shall be selected by agreement of the Planning Commission and the Sign owner, provided that if the parties do not agree on an appraiser within 30 days of the application for extension of the amortization period, an appraiser selected by the Planning Commission shall provide the appraisal.
(5)
Conflict with New York State Law. Notwithstanding anything to the contrary contained or implied in this § 345-901, if there is any conflict between this section and any applicable provision of either the New York General Municipal Law § 74-c or the New York Highway Law § 88, such provision of New York State law shall control.
H.
Nonconforming Security Grills.
(1)
Removal. Anything to the contrary in this chapter notwithstanding, all preexisting Security Grills that are not in compliance with this chapter must be removed, except as provided in this § 345-901.
(2)
Amortization of or Compensation for Nonconforming Security Grill
Subject to Removal.
(a)
Within 30 days of the Effective Date of this chapter, a person
aggrieved by application of § 345-901H(1) may make application
to the Planning Commission on a form provided for such purpose, for
additional time to achieve compliance on proof of hardship due one
or more of the following factors:
[1]
The nature of an establishment with special security concerns (e.g.
banks, drugstores, liquor stores);
[2]
Official documentation of recent criminal activity against the aggrieved
establishment;
[3]
Significant financial hardship, verified by the date and cost of
the original installations that would be incurred by the aggrieved
property or business owner as a result of the termination of the prohibited
Security Grill; and
[4]
Any other relevant factor the aggrieved property or business owner
is able to demonstrate as a significant hardship.
(b)
Any such extension of time shall run with the occupancy for
which it was approved.
I.
Alternate Method of Legal Nonconforming Use and/or Legal Nonconforming Building or Structure. This § 345-901I affords potential relief to property owners who can establish a Nonconforming Use and/or Building or Structure preexisted without interruption for a continuous period of 10 years or more prior to January 1, 2010, that would otherwise require some area and/or Use Variance from the requirements under the applicable zoning regulation. Upon the satisfaction to the Building Zoning Administrator under the requirements of this § 345-901I, the Use, Building, or Structure may be deemed lawfully Nonconforming.
(1)
Eligibility. To be eligible for such determination, all of the
following standards must be strictly satisfied through the building
permit process.
(a)
The Use, Building, or Structure is occupied as a Single- or
Two-Family Dwelling;
(b)
No Building Permit has been issued for a complying Use;
(c)
The Building or Structure must be preexisting and have been
issued a lawful Building Permit or other substantive documentation
from the Village or any other bona fide documentation as to the existence
of the Use and/or Building or Structure preexisting without interruption
for a continuous period of 10 years or more prior to January 1, 2010.
(d)
Such documentation shall include tax records showing said Use
and/or the Use and/or structure preexisting without interruption for
10 years or more prior to January 1, 2010.
(e)
The Use, Building, or Structure has not been the subject of
code enforcement action, which shall include a Notice of Violation.
(2)
Other Compliance. An applicant must nevertheless comply with
the applicable requirements of the New York Fire Prevention and Building
Code and Multiple Residence Law through the Building Permit process.
(3)
Certificate of Occupancy. A successful applicant must obtain
the required Certificate of Occupancy within two years of the issuance
of a Building Permit or forfeit his or her eligibility under this
section.
