Subject to the provisions of §
224-36 hereof, the following provisions shall apply to all buildings and uses existing on the effective date of this chapter, which buildings and uses do not conform to the requirements set forth in this chapter; to all buildings and uses that become nonconforming by reason of any subsequent amendment to this chapter and the Zoning Map which is a part thereof; and to all conforming buildings housing nonconforming
uses:
A. Any type of nonconforming use of buildings or open
land may be continued indefinitely but shall not be:
(1) Enlarged, extended or placed on a different portion
of the lot or parcel of land occupied by such use on the effective
date of this chapter or of any applicable amendment thereof, nor shall
any external evidence of such use be increased by any means whatsoever.
(2) Changed to another nonconforming use without a special
permit from the Board of Appeals and then only to a use which, in
the opinion of said Board, is of the same or a more restricted nature.
(3) Reestablished if such use has been discontinued for
any reason for a period of over 90 days or has been changed to or
replaced by a nonconforming use. Intent to resume a nonconforming
use shall not confer the right to do so.
B. Except as provided in Subsection
D below, no building which houses a nonconforming use shall be:
(1) Structurally altered or enlarged.
(2) Moved to another location where such use would be
nonconforming.
C. Any building housing a nonconforming use which building
is damaged or destroyed from any cause may be restored but not enlarged,
and the nonconforming use may be reinstated within one year of such
damage or destruction. If the restoration of such building is not
completed within said one-year period, the nonconforming use of such
building shall be deemed to have been discontinued, unless such nonconforming
use is carried on without interruption in the undamaged portion of
said building.
D. Any building, the use of which is in conformity with
the regulations set forth in this chapter but which building does
not conform to one or more of the area or height requirements hereof
may be altered or enlarged, provided that such building shall not
be altered or enlarged so as to increase the degree of nonconformity
thereof.
[Amended 4-6-2009 by L.L. No. 1-2009]
E. Any building,
the use of which is in conformity with the regulations set forth in
this chapter but which building does not conform to one or more of
the area or height requirements hereof, may be restored if damaged
or destroyed provided that:
[Added 4-6-2009 by L.L. No. 1-2009]
(1) The
building was not destroyed or damaged at the order of or with the
consent of the owner; and
(2) The
restoration or rebuilding does not increase the degree of nonconformity
that existed before such damage or destruction.
F. Nothing in this article shall be deemed to prevent
normal maintenance and repair of any building or the carrying out
upon the issuance of a building permit of major structural alterations
or demolitions necessary in the interest of public safety. In granting
such a permit, the Building Inspector shall state the precise reason
why such alterations were deemed necessary.
G. In no event shall an unlawful use under any previously
existing Building Zone Ordinance of the Village of Irvington be deemed to be a nonconforming
use under this chapter.