[Added 5-3-2004 by L.L. No. 1-2004]
A. Nonconforming buildings.
(1) Nothing in this chapter shall be deemed to prohibit
the continuance or the maintenance, repair, alteration (including
enlargement or other structural alteration) or reconstruction of a
nonconforming building, provided that no such action shall increase
the extent of any nonconformity of such building with any requirement
of this chapter or create any new nonconformity therewith.
(2) No repair, alteration or reconstruction of a nonconforming
building shall be made if the cost of such action would exceed 50%
of the then-current replacement value of such building, exclusive
of foundations.
(3) No nonconforming building shall be moved, in whole
or in part, to any other portion of the lot occupied by such building
unless, as a result of such move, such building would cease to be
a nonconforming building.
B. Nonconforming uses.
(1) Nothing in this chapter shall be deemed to prohibit
continuance of the use of a building or lot which has become a nonconforming
use, subject to the following provisions of this section.
(2) A use which has become a nonconforming use shall not:
(a)
Be moved, in whole or in part, from the location
within the lot on which it is conducted to another location within
such lot.
(b)
Be moved to a lot other than the lot on which
such use was conducted at the time such use became a nonconforming
use unless such use is a permitted use on such other lot.
(3) The use of a building or lot which is a nonconforming
use shall not be changed except to a use permitted for such building
or lot.
(4) A nonconforming use shall not be enlarged, increased,
extended or expanded so as to occupy a larger portion of the lot on
which such use is conducted than the portion occupied by such use
at the time such use became a nonconforming use.
(5) A nonconforming use shall not be extended so as to
displace a permitted use. An increase in the area of accessory parking
for a nonconforming use on the same lot on which such use is conducted
or on a different lot in a district in which such use is not a permitted
use shall be deemed the displacement of a permitted use by a nonconforming
use.
(6) A nonconforming use which has been discontinued for
a continuous period of 12 months or more or which is replaced for
any period by a permitted use shall be deemed to have been abandoned
and shall not be resumed.
(7) A building which is utilized for a nonconforming use
shall not be enlarged or otherwise changed unless, after such enlargement
or other change, such building is utilized for a permitted use.
(8) Damages to nonconforming use.
(a)
In the event that a building which is utilized
for a nonconforming use is damaged by fire or other casualty, upon
the filing of an application for a building permit for the repair,
rebuilding or reconstruction (hereinafter called “restoration”)
of such building, the Board of Trustees shall determine the extent
of such damage in terms of the current cost of such restoration as
a percentage of the current cost for replacement of the entire structure
(hereinafter referred to as the “damage percentage”),
and such determination shall be conclusive.
(b)
If the damage percentage is greater than 40%,
no restoration of such building shall be made unless, after such restoration,
such building and the use thereof will conform to all of the provisions
of this chapter. In such case, the owner of such building shall furnish
to the Board of Trustees a declaration, in recordable form, to the
effect that such nonconforming use has been abandoned.
(c)
If the damage percentage is 40% or less, restoration
of such building may be done, provided that such building, after such
restoration, shall not exceed the height, building area, floor area,
volume and other dimensions of such building as existing prior to
such damage and shall not increase any encroachment of such building
into yards as existing prior to such damage. Failure of the owner
to apply, within 6 months after such casualty, for a building permit
for such restoration or to commence such restoration (pursuant to
a permit) within 9 months after such casualty and to prosecute such
restoration diligently and without interruption shall be deemed an
abandonment of such nonconforming use.
(d)
The Board of Trustees may, in its discretion,
appoint a licensed architect or licensed professional engineer to
advise the Board in regard to its determination of the damage percentage,
and in such event, the reasonable fees of such architect or engineer
shall be paid by the owner of such building in addition to any other
fees or charges provided for in this Code.
C. Nonconforming lots.
(1) No lot shall be subdivided so as to create any new
lot which does not conform or so that the building or buildings on
such new lots do not conform to the requirements of this chapter with
regard to area, depth, street frontage, front yard, rear yard, side
yard or other dimensional aspect.
(2) Nothing in this chapter shall be deemed to prohibit
the establishment of a permitted use or the erection of a building
on a lot which has less than the minimum lot area, street frontage
or width required by this chapter, provided that:
(a)
The ownership of such lot was different from
the ownership of all adjoining lots at the effective date of the earliest
provision of this chapter which established such deficiency. (In making
a determination as to the existence or nonexistence of such diverse
ownership, the Board of Trustees may utilize the services of an abstract
company or title company, and in such event, the reasonable fees and
expenses of such company for such services shall be paid by the owner
of such lot, in addition to any other charges provided for by this
Code.)
(b)
In the case of the proposed erection of a building
on such lot, it was lawful to erect a building on such lot immediately
prior to such effective date, and such lot and the building to be
erected thereon will comply with the requirements of this chapter
in all other respects.
When a change of zone is made to permit the
use of property for a particular project, in the event of the abandonment
of such project, the Board of Trustees may after public hearing restore
the property to its former zoning district or such other district
as it may determine. The failure to obtain building permits within
1 year of the date of change of the zone, or the failure to complete
the project within 2 years after issuance of building permits may
be deemed to be an abandonment.
[Amended 9-12-1988 by L.L. No. 2-1988; 4-2-2001 by L.L. No. 3-2001; 5-3-2004 by L.L. No.
1-2004]
The applicant for a proposed change in the Zoning
Map of this chapter shall be responsible for the payment of all fees
set forth in the Schedule of Fees and Payments maintained by the Village
Clerk.
[Added 4-28-2011 by L.L. No. 1-2011]
A. Development plan and special permit required; exemptions. No work
shall be performed or commenced for the filling, grading or excavating
of land within the Village, or otherwise causing a change in the mean
ground level of any building or structure existing at the commencement
of such project, except preliminary surveying and engineering, unless
a complete plan of development of such land shall have been filed
with and approved by the Village Board of Appeals, and a special permit
shall have been issued by the Village Building Inspector with respect
thereto. Notwithstanding the foregoing, the following work is exempted
from the requirement that the Village Board of Appeals consider and
approve same:
(1) Grading or regrading of land that does not change existing contours
of the land by more than 2 feet within 20 feet of a property line,
or by more than 6 inches within 5 feet of a property line.
(2) The placement of not more than 50 cubic yards of fill material which,
when placed, will neither exceed the contour changes authorized under
the immediately preceding subsection, nor adversely impact trees having
a trunk circumference greater than 10 inches, measured at a point
4 feet 6 inches above ground level.
(3) Excavation for a cellar, basement, swimming pool, drainage or sanitary facility or for the foundation of any structure to be built on the site where the excess excavated material from the excavations is to be removed from the site and where the project will not exceed the contour changes authorized in Subsection
A above.
B. Contents of development plan. Any such development plan shall include,
unless waived by the Village Building Inspector or Board of Appeals:
(1) All properties owned and controlled by the applicant and all adjacent
property within 400 feet of the applicant's property;
(2) All creeks, streams, waterways, drains, drainage facilities existing
and proposed, and all topographical features;
(3) All existing and proposed streets, stormwater drains, and the location
and type of existing proposed sewers and sanitary facilities, and
all proposed fencing of the area during the work, and any other necessary
protected features of the work;
(4) Accurate contours existing and proposed finished grade;
(5) Support for all features of the plan through detailed and complete
engineering data, and logs of test borings made through any soft,
silty, clay-like or peaty soils to rock or, where there is no rock,
into at least 5 feet of firm, hard strata or sand, gravel or soils
of like character; any test borings, and any analysis thereof, shall
be certified by a professional soils engineer.
C. Emergency. If the Building Inspector determines that there exists
a threat to the health, safety or welfare of property or persons that
requires immediate action to abate same, then the Building Inspector
shall have the authority to declare an emergency on such basis, and
to allow filling, excavating and/or grading or re-grading to be performed
by the property owner or by the Village, to the extent necessary to
abate such emergency, prior to the issuance of a permit therefor.
Notwithstanding the foregoing, in any such scenario, the property
shall be required to file for a permit and otherwise comply with the
provisions hereof.
[Added 6-5-2017 by L.L.
No. 3-2017]
A. Renting, leasing or letting of a single-family dwelling by a homeowner
to another family or individual for 90 consecutive days or more while
the owner does not occupy the premises is a permitted use. No more
than 2 such rentals, leases or lettings may occur in any 365-day period.
No person shall rent, lease or let a single-family dwelling for a
term less than 90 consecutive days during a 365-day period. The homeowner
must notify the Village Clerk of the name and contact telephone number
of each individual occupying any premises upon any rental, lease or
letting authorized under this section.
B. If this section causes a significant hardship to any property owner,
then the owner may make written application to the Board of Trustees
requesting an exemption from the provisions of this section. After
due notice and a public hearing on such application, the Board of
Trustees may grant such exemption and impose any conditions as may
be deemed reasonable or necessary. No exemption shall be granted pursuant
to this section, except upon a determination in the sole discretion
of the Board of Trustees that significant hardship to the applicant
results from the application of the provisions of this section to
the applicant and that, under all relevant circumstances, such exemption
is not likely to adversely impact the health, safety or welfare of
the Village or its residents. In rendering its decision on any application
for an exemption, the Board of Trustees will consider whether the
applicant has previously requested exemptions, as the frequency of
exemptions granted may impact the health, safety or welfare of the
Village or its residents.