[Amended 6-9-1981 by L.L. No. 1-1981; 6-14-1982 by L.L. No. 1-1982; 4-8-1985 by L.L. No. 1-1985; 9-11-2000 by L.L. No. 3-2000; 10-14-2008 by L.L. No. 1-2008]
A. Any building or use legally existing on the effective date of this chapter or any amendment of this chapter and permitted by the Building Zone Ordinance in effect immediately prior to that date, although not conforming to the other provisions of this chapter, may be continued subject to compliance with the provisions of §§
190-8 and
190-32 of this chapter and subject to the following conditions:
(1) No such building which is nonconforming with respect to height, area,
lot, location or setback from any lot line shall be enlarged or altered
in such manner as to increase any nonconformity.
(2) No such building which is nonconforming with respect to use shall
be enlarged nor shall it be altered structurally except as may be
allowed by law or ordinance.
(3) No such nonconforming use shall be enlarged or extended nor shall
it be changed to another nonconforming use.
(4) No such nonconforming building or use, if changed to a building or
use which conforms to the provisions of this chapter, shall thereafter
be changed to a nonconforming use or building.
(5) No such nonconforming use, if discontinued for six months or longer,
shall be resumed.
(6) No such nonconforming building, if 50% or more of the assessed value
thereof is destroyed due to any cause, shall be restored in nonconforming
form or location or for the continuance of a nonconforming use, except
that such a building, if destroyed accidentally due to fire, explosion
or other cause, may, if so permitted by the Zoning Board of Appeals,
be restored in substantially the same form and location but without
extension of the nonconforming use.
B. Any legal preexisting incorporated club, nursery for the cultivation
and sale of plants or stable for the commercial boarding of horses
may be continued and operated in accordance with the special use permit
issued for such use.
C. Notwithstanding the provisions of Subsection
A(3) above, such uses may be expanded or modified, provided that:
(1) No additional lands shall be devoted to such use;
(2) Such expansion or modification does not exceed the provisions of
this chapter applicable to such uses which existed at the time the
particular special use permit was issued, except that the Board of
Trustees may vary the requirements for off-street parking for special
permits previously issued for a nursery for the cultivation and sale
for plants; and
(3) Such expansion or modification is approved by the Board of Trustees
after a public hearing.
D. If a legal preexisting, nonconforming incorporated club, nursery
for the cultivation and sale of plants or stable for the commercial
boarding of horses ceases operation for a period of more than six
months and the property which was used for such purpose is granted
final approval for residential subdivision by the Planning Board,
all buildings and structures nonconforming in use, dimensional requirements
or number with the current provisions of this chapter at the time
of final Planning Board approval must be removed or relocated in strict
compliance with the provision of the Building Zone Ordinance at the
time of the Planning Board approval.
No building shall be used or maintained on a
lot which is hereafter reduced in area or length of front line frontage
in violation of the following provisions:
A. No improved lot shall be reduced in area or in any dimension unless the lot as so reduced has at least an area prescribed in §
190-7 of this chapter and has the unoccupied spaces required by the other provisions of this chapter.
B. No improved lot shall be reduced in length of front lot line unless the lot as so reduced has at least the length of front lot line frontage prescribed in §
190-7 of this chapter.
C. No improved lot shall be reduced in area or in any
dimension unless the setback of each then existing building from any
new boundary line shall be at least the setback which would be required
by the other provisions of this chapter for a building of the same
kind then newly erected in the same location.
[Amended 8-9-1976 by L.L. No. 1-1976]
A. Where the owner of any parcel of land located in the
A-3 Residence District and extending into an adjoining residence district
presents a plat for the subdivision of such parcel, the Planning Board,
after public hearing and pursuant to § 7-738 of the Village
Law, may authorize not more than 20% of the lots in such subdivision
to have a lot area not more than 10% below the required minimum for
the zoning district in which they are located, provided that all such
modifications are necessary, in the opinion of the Planning Board,
to obtain a good subdivision design and further provided that there
is no increase in the total number of lots that would be permitted
if no such modification were approved.
B. In approving any above-authorized modification, any
lot that has an area capable of being divided into two or more lots
of minimum area for the zoning district shall be counted as equivalent
to such number of lots, unless the subdivider shall file with the
Planning Board an agreement satisfactory to the Village Attorney to
ensure that the lot will not be further subdivided, which agreement
shall be noted on the subdivision plat and in the deeds for such lots.
C. Each modification of the zoning regulations approved
by the Planning Board under this section shall be noted specifically
on the subdivision plat, and a copy of said plat shall be filed with
the Village Clerk. Upon the filing of said plat in the office of the
County Clerk, the approval modifications shall be recorded as a part
of this chapter and, as provided in § 7-738 of the Village
Law, shall be similarly subject to change.