[Amended 2-20-1979 by L.L. No. 3-1979; 9-8-2004 by L.L. No. 4-2004]
The following regulations shall govern the continuation,
termination, modification and certification of nonconforming uses.
A. Continuation. Any legal nonconforming use existing
at the time of the passage of any amendment to this chapter may be
continued.
B. Change in use. A legal nonconforming use may not be
changed to a different nonconforming use unless a special permit therefor
shall have been received from the Board of Trustees.
C. Abandonment and destruction. Whenever a legal nonconforming
use shall have been abandoned for a term of six months, or whenever
the structure in which a legal nonconforming use is located is substantially
destroyed, the land, building or structure in which said legal nonconforming
use shall have existed shall not thereafter be used for any nonconforming
use unless a special permit therefor shall have been received from
the Board of Trustees. Such six-month period of abandonment may be
discontinued only by 30 or more consecutive business days of operation.
A structure in which a legal nonconforming use is located shall be
substantially destroyed, if the cost to repair and replace the structure
exceeds 50% of the current structural replacement value thereof.
D. Enlargement or extension. No structure in which a
legal nonconforming use is located may be enlarged or extended unless
the use therein is changed to a conforming use or unless a special
permit for such enlargement or extension shall have been granted by
the Board of Trustees.
E. Structural alteration. Subject to the approval and
consent of the Board of Trustees, any legal nonconforming use may
be structurally altered, provided that the cost of such structural
alteration shall in no case exceed 50% of the then-existing structural
value.
F. Authority to determine legal nonconforming uses. The
Zoning Board of Appeals may, after public hearing on the written verified
application of the owner of property claiming a legal nonconforming
use thereon, confirm such use by determining that such use is, in
fact, a legal nonconforming use.
(1) Evidence to accompany application to determine legal
nonconforming use. Every application under this section shall state
or be accompanied by an affidavit or affidavits stating the evidentiary
facts claimed to establish such use as a legal nonconforming use and
shall be filed in duplicate with the Zoning Board of Appeals. The
Zoning Board of Appeals may, in its discretion, require the production
of additional evidence and make whatever independent investigation
it may deem necessary.
(2) Confirmation or denial of legal nonconforming use.
The Zoning Board of Appeals, upon the evidence submitted to and obtained
by it, 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.
(3) Issuance or denial of certificate of occupancy.
(a)
Upon confirmation by the Zoning Board of Appeals
of any legal nonconforming use pursuant to this section, the Enforcement
Officer 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 this chapter.
(b)
Every nonconforming use for which a certificate
of occupancy has not been issued, as provided in this section, shall
presumptively be an illegal nonconforming use for the purpose of any
application to or proceeding before any officer or Board of the Village.
(4) Effect of section. Nothing in this article 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 the article.