[Amended 9-12-1994 by L.L. No. 5-1994; 8-9-1999 by L.L. No. 5-1999; 11-14-2006 by L.L. No. 11-2006]
[Amended 2-27-2007 by L.L. No. 1-2007; 2-5-2014 by L.L. No.
3-2014]
A.
Nonconforming uses. Any nonconforming use lawfully existing on the
effective date of the original Building Zone Ordinance on February
23, 1926, or lawfully established at any time thereafter in accordance
with the laws of the Village at the time the use was established,
but which does not conform to the requirements of this Code adopted
or amended thereafter and currently in effect, may be continued, provided
that:
(1)
No nonconforming use shall be altered, enlarged or extended in any
building or structure or on any premises, or at the expense of a conforming
use, nor shall any nonconforming use be extended to any portion of
a building, structure or property not previously used lawfully for
such nonconforming use. If any nonconforming use is abandoned, reduced
in scope or size, or changed to or replaced in whole or in part by
a conforming use, the said nonconforming use shall not thereafter
be resumed, altered, enlarged or expanded.
(2)
For the purposes of this section, a nonconforming use shall be considered
to have been enlarged if it has been changed in any manner which results
in an extension of the use to any portion of a building or premises
where such use was not previously conducted or which was not previously
used for such use, an increase in the floor area or land area occupied
or utilized by the use, an increase in the times or days of operation
of the use, or a change in the nature or scope of the use. The foregoing
factors shall not be exclusive, and where appropriate circumstances
exist to support such conclusion, the Code Official may conclude that
an enlargement of a nonconforming use has occurred even in the absence
of any of such factors.
(3)
No nonconforming use may be changed to any other nonconforming use.
(4)
Any nonconforming use which shall have ceased for any reason for
a continuous period of six months or more shall be presumed to be
discontinued. Any nonconforming use which shall be reduced in size
or scope for any reason for a continuous period of six months or more,
regardless of intent, shall be presumed to be discontinued to the
extent of such reduction. No such discontinued use, or part thereof,
may thereafter be resumed, nor shall it be replaced by any other nonconforming
use.
(5)
Notwithstanding anything in this subsection to the contrary, if a
building or structure in which a nonconforming use is conducted is
damaged by fire, explosion, force majeure or act of public enemy,
or any other cause (other than action by or on behalf of the property
owner), to an extent not more than 50% of its value, such building
or structure may be restored or reconstructed, and the use continued,
only as provided in this Code.
B.
Nonconforming buildings or structures. Any nonconforming building
or structure lawfully existing on the effective date of the original
Building Zone Ordinance on February 23, 1926, or lawfully existing
at any time thereafter, but which does not conform to the requirements
of this Code adopted or amended thereafter and currently in effect,
may be continued. No such nonconforming building or structure may
thereafter be repaired, reconstructed or structurally altered, enlarged
or expanded, except in conformity to the Code provisions applicable
at the time of such repair, reconstruction, alteration, enlargement
or expansion, provided that:
(1)
No nonconforming building or structure shall be altered, structurally
changed, or enlarged in any manner which would exacerbate or increase
the degree or type of nonconformity.
(2)
Notwithstanding anything in this subsection to the contrary, if a
nonconforming building or structure, is damaged by fire, explosion,
force majeure or act of public enemy, or any other cause (other than
action by or on behalf of the property owner), to an extent not more
than 50% of its value, such building or structure may be restored
or reconstructed in its previously nonconforming location and condition
only as provided in this Code.
(3)
Any nonconforming building which shall not have been used for any
lawful purpose for a continuous period of six months or more, for
any reason and regardless of intent, shall be presumed to be abandoned
as a nonconforming building.
C.
Nonconforming premises. Any nonconforming premises lawfully existing
on the effective date of the original Building Zone Ordinance on February
23, 1926, or lawfully existing at any time thereafter, but which does
not conform to the requirements of this Code adopted or amended thereafter
and currently in effect, may be continued. No such nonconforming premises
may thereafter be altered or changed in any manner except in a manner
which reduces or eliminates the nonconformity. Any building, structure
or use existing or proposed to be located on a nonconforming premises
shall conform to all requirements of this chapter other than those
area or dimensional requirements applicable to the lot upon which
such building or structure is located or proposed to be located.
D.
Maintenance and repairs not restricted. Nothing in this section shall
be deemed to prevent ordinary maintenance and repairs intended to
keep an existing nonconforming building or structure, or an existing
building or structure in which a lawful nonconforming use is conducted,
in good repair.
[Amended 2-5-2014 by L.L. No. 3-2014]
A.
Nothing in this chapter shall prevent the restoration or reconstruction,
within two years, of a lawfully nonconforming building or structure
destroyed or damaged by fire, explosion, force majeure or act of public
enemy, or any other cause (other than action by or on behalf of the
property owner), to an extent not more than 50% of its value (as determined
by the Code Official), nor prevent the continuance of any nonconforming
use of such restored or reconstructed building or structure or part
thereof, provided that such restoration or reconstruction does not
violate the provisions of this chapter to any greater extent or in
any manner other than that which lawfully existed at the time of such
destruction or damage.
B.
If any such building or structure is so destroyed or damaged to an
extent exceeding 50% of its value, as determined by the Code Official,
it shall not be reconstructed or restored, and shall not be used,
except in conformity to the regulations then applicable in the zoning
district in which it is located.
C.
Any building or structure destroyed or damaged by any cause enumerated
in this section to an extent exceeding 50% of its value, exclusive
of foundation, at the time of such destruction or damage may be reconstructed
or restored, and thereafter used, only in such a manner as to conform
to all of the applicable provisions of this chapter. Notwithstanding
the provisions of this subsection, any such residential building or
structure may be reconstructed within one year with a floor area ratio,
building area and height no greater and setbacks from property lines
no less than that which existed prior to such destruction, provided
that the same otherwise conforms to all applicable zoning and building
codes.
D.
Nothing in this article shall prevent the restoration of a wall or
structure determined to be unsafe, provided that such restoration
shall be determined by the Code Official to be in compliance with
all applicable building codes.
