[HISTORY: Adopted by the Board of Trustees
of the Village of Island Park 5-18-1995 by L.L. No. 1-1995. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 625.
As used in this chapter, the following terms
shall have the meanings indicated:
Any nonconforming use which, at the time such use was commenced,
was maintainable as a matter of right under the statutes, ordinances
and general rules of the law then in effect in the Village of Island
Park.
Any building or the use of any land or building which does not conform to the provisions of Chapter 625, Zoning, for the use district in which it is maintained or any building or structure which does not conform to the New York State Fire Prevention and Building Code.
Any legal nonconforming use may be continued as provided in Chapter 625, Zoning. Such legal nonconforming use may be changed to another use which is permitted in the district in which such legal nonconforming use is expressly permitted by Chapter 625, Zoning, and such other use may be continued as a legal nonconforming use in accordance with this chapter, provided that the Board of Zoning Appeals, after application, notice and hearing in the matter prescribed by § 7-712 of the Village Law, shall determine that such other use will not have a greater adverse effect on other properties in the vicinity, considering the purposes in view defined by § 7-704 of the Village Law, than the use it is proposed to replace.
Whenever a legal nonconforming use shall have been abandoned or changed to a use conforming to the provisions of Chapter 625, Zoning, for the period of one year, the land, building or structure in which said legal nonconforming use shall have existed shall not thereafter be used for any nonconforming use.
[Amended 9-26-2008 by L.L. No. 6-2008]
The Board of Zoning Appeals may, on the written,
verified application of the owner of property claiming a legal conforming
use thereon, confirm such use by determining that such use is, in
fact, a legal nonconforming use.
[Amended 9-26-2008 by L.L. No. 6-2008]
Every application under § 356-4 hereof shall state or be accompanied by documents showing evidentiary facts to establish such use as a legal nonconforming use and shall be filed in duplicate with the Building Department. The Building Inspector may, in his discretion, require the production of additional evidence and make whatever independent investigation he may deem necessary, after which the case will be presented to the Zoning Board of Appeals.
[Amended 9-26-2008 by L.L. No. 6-2008]
The Board of Zoning Appeals, upon the evidence
submitted to and obtained by the Building Inspector, shall make and
file with the Village Clerk a written determination confirming or
denying that such use is a legal nonconforming use and stating the
facts which it finds to be established by such evidence, the basis
of such findings and the conclusions it has drawn from such findings.
[Amended 9-26-2008 by L.L. No. 6-2008]
A.
Upon confirmation by the Board of Appeals of any legal nonconforming use pursuant to this chapter, the Building Inspector shall issue to the applicant a certificate of occupancy with an endorsement thereon specifying the legal nonconforming use so confirmed, and such certificate shall constitute presumptive evidence that such use is a legal nonconforming use in any action or proceeding brought to enforce Chapter 625, Zoning.
B.
Every nonconforming use for which a certificate of
occupancy has not been issued, as provided in this chapter, shall
presumptively be an illegal nonconforming use for the purpose of any
application to or proceeding before any officer or board of the Incorporated
Village of Island Park.
Nothing in this chapter shall be deemed to make
legal or to permit the confirmation of any nonconforming use which
is not a legal nonconforming use or to invalidate the use of or require
the confirmation of the use of any land, building or structure for
which a valid certificate of occupancy has been issued prior to and
is in effect on the effective date of this chapter.
The application fee for a two-family nonconforming
use as defined in this chapter shall be set from time to time by the
Board of Trustees, along with a deposit to cover all other expenses.
The filing fee for all other buildings will be set from time to time
by the Board of Trustees, along with the required deposit.
