Any nonconforming use, building or structure which existed lawfully at the time of this chapter may be continued, subject to the regulations which follow in this Article.
It shall be the duty of the Zoning Enforcement Officer to give written notification to the owners (as they appear on the most current village tax rolls) of all nonconforming uses of land and buildings concerning their nonconforming status. Such notification shall be made within six months of the date of adoption of this chapter or amendment and shall include such information as is necessary for the property owner to meet with the Zoning Enforcement Officer for a fuller explanation of nonconforming status. The Enforcement Officer shall also maintain a registration log listing the owner, address, date of such notification and particular nonconformity of each nonconforming property. Failure of the Zoning Enforcement Officer to so notify a property owner shall not relieve said property of its nonconforming status.
The nonconforming use of land shall not be enlarged or extended beyond the area of land occupied by such use at the time of the adoption of this chapter. A nonconforming use of land may not be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of adoption of this chapter. A nonconforming use of land shall not be changed to another nonconforming use. If a nonconforming use of land is discontinued for a period of 12 consecutive months, it shall not be renewed, and any subsequent use of the land shall conform to the regulations of the district in which the land is located.
A.
Additions. A building containing a nonconforming use shall not be added to or enlarged in any manner unless such nonconforming building and the use thereof are made to conform to all the regulations of the district in which it is located.
B.
Alterations and repairs. No structural alterations shall be made to any building containing a nonconforming use unless such alterations are required by law; provided, however, that such maintenance and repairs as are required to keep a nonconforming building or structure in sound condition shall be permitted.
C.
Changes. A nonconforming use of a building may not be changed except to a conforming use. When so changed, the nonconforming use shall not be resumed thereafter.
D.
Discontinuance. A nonconforming use of a building or structure or a portion thereof which is discontinued for a period of 12 consecutive months shall not be reestablished, and any subsequent use shall conform to the use regulations of the district in which the premises are located. A use shall be deemed to have been discontinued under any of the following conditions:
E.
Extension. A nonconforming use may not be extended to any other part of such building.
F.
Restoration. A building devoted to a nonconforming use destroyed or damaged by fire, wind, explosion, structural failure or other natural cause to the extent of 50% or more of its assessed value at the time of such damage, as adjusted to full value, based upon State Board of Equalization rates, shall not be repaired, rebuilt or reoccupied except in conformity with the provisions of this chapter and after a zoning permit and certificate of zoning compliance have been issued by the Zoning Enforcement Officer.
G.
Removal. If any building in which any nonconforming use is conducted is removed, the subsequent use of the land on which such building was located and the subsequent use of any building erected thereon shall conform to the regulations of the district.
H.
Validity of permit. Any building for which a permit has been lawfully granted and on which the construction has been started and diligently prosecuted before the effective date of this chapter may be completed.
A.
Nonconforming lots shall be subject to the following:
(1)
Residential lots in R1 and RT Zone Districts.
(a)
Nothing herein shall prevent the owner of a lot in the R1 or RT Zone Districts which is nonconforming as to width or area from constructing an allowed residential use on it, provided that all yards, setback and residential living area requirements are met pursuant to § 200-22A(1) and (2).
(b)
If any yard or setback requirement cannot be met, residential development shall only be allowed if an area variance is granted by the Zoning Board of Appeals.
(c)
If the residential living area requirements cannot be met, the Zoning Board of Appeals may grant an area variance reducing the required yard or setbacks, but shall not reduce the residential living area requirements.
(2)
All others. Development on all other nonconforming lots shall only be permitted, provided that the Zoning Board of Appeals grants the appropriate variance.
B.
Nonconforming buildings shall be subject to the following:
(1)
Residential buildings in R1 and RT Zone Districts. Nothing herein shall prevent the owner of a nonconforming residential building in the R1 and RT Zone Districts from rebuilding, repairing or altering such building, provided that the degree of nonconformity is not enlarged and provided that said building complies with all use and residential living area requirements for that zone district.
(2)
All nonconforming buildings. Except as noted above, nonconforming buildings which comply with the use regulations of their zone districts may be altered, extended, enlarged, rebuilt or restored only if an appropriate variance has been granted by the Zoning Board of Appeals, unless such activity is required by law; provided, however, that such maintenance and repairs as are required to keep such nonconforming buildings or structure in sound condition shall be permitted without a variance.
C.
Signs. Notwithstanding the foregoing, nonconforming signs shall be subject to the following regulations:
(1)
Signs which are nonconforming because they rotate, flash or are intermittently illuminated shall be modified to bring them into conformance within six months after the owner has been notified of the nonconformity by written notice from the Code Enforcement Officer.
(2)
Permanent signs which are nonconforming due to location (i.e., overhanging a public right-of-way or located in a public right-of-way) shall be removed or brought into conformance within six months after the owner has been notified of the nonconformity by written notice from the Enforcement Officer; provided, however, that said owner may appeal to the Zoning Board of Appeals for relief from the notice of nonconformity.
(3)
Temporary or portable signs which are nonconforming due to location.
(a)
Such signs shall be in violation of this chapter 24 hours after the property owner or sign owner, whichever is appropriate, has been notified of the nonconformity by written notice from the Enforcement Officer.
(b)
Once such a temporary or portable sign has been identified, proper written notice sent and the twenty-four-hour period exceeded, that sign shall thereafter be in violation of this chapter immediately upon being placed in a nonconforming location.
(c)
Notwithstanding the foregoing, the Board of Trustees may grant interim permits for temporary signs announcing special events and thereby authorize them to be placed in nonconforming locations; provided, however, that any such permit shall expire 24 hours after the special event, and at that time any such sign shall become subject to the restrictions in Subsection C(3)(a) above.
D.
Off-street parking. Notwithstanding any other provision of this chapter, off-street parking requirements shall be subject to the following exceptions:
(1)
Any conforming use or building existing as of the adoption of this chapter or amendment which does not conform to the off-street parking requirements may be changed to a new use without meeting the parking requirement, provided that the new use requires the same or less parking than the previous use.
(3)
Alterations or extensions to existing buildings which do not involve a change in use shall only have to provide additional off-street parking as required by Schedule B applied to such alteration or extension.
(4)
New buildings erected on lots with more than one principal structure shall only have to provide additional off-street parking as required by the new building pursuant to Schedule B.