Except as provided in § 215-67, any use of land or a building or structure or part thereof existing at the time that this chapter or any amendment hereto becomes effective may be continued, subject to the provisions of §§ 215-68, 215-69, 215-70 and 215-71, although such building or structure or use does not conform to the provisions of the district in which it is situated.
[Amended 11-1-2011 by L.L. No. 2-2011]
When a nonconforming use has been discontinued
for period of not less than one year, it shall not be reestablished,
and the future use shall be in conformity with the provisions of this
chapter. However, in cases where there has been a cessation of the
nonconforming use for a period in excess of one year without the intent
to abandon the nonconforming use during that time period said nonconforming
use may be permitted upon application to the Village Board of Trustees
upon a showing of good cause for the cessation of such nonconforming
use. In no event, however, can the nonconforming use be continued
or reinstated if at any time the structure was used in conformity
with the zoning code or was altered in any way for use in any manner
other than the nonconforming use.
No nonconforming use shall be changed to other
than a conforming use for the district in which it is situated.
A nonconforming use is hereby required to be
maintained in such a condition as will not constitute a danger to
the safety or general welfare of the public.
Alterations, extensions and repair of the nonconforming
use in order to comply with the provisions of this article are permitted,
provided that such alterations, extensions and repair shall not tend
to increase the inherent nuisance, nor shall such alteration, extension
and repair violate any provisions of this chapter regarding yards,
lot area or lot coverage for the district in which it is situated
or increase any existing violation of such provisions.
No nonconforming use of land shall be extended
beyond the original boundaries of such nonconforming use existing
at the time that this chapter or any amendment hereto becomes effective.
No building or structure designed for or intended
to be utilized for a nonconforming use shall be constructed unless
construction, reconstruction or alteration is already underway at
the time of the enactment or subsequent amendment of this chapter
and is being diligently prosecuted so that such building or structure
will be completed within 18 months from the time of the enactment
or subsequent amendment of this chapter. All outstanding zoning permits
for construction which do not meet these requirements shall be rendered
null and void by the enactment or subsequent amendment of this chapter.
The above limitations (§ 215-72) shall not apply to a building or other structure utilized as a dwelling which is nonconforming only in respect to yard space or area per dwelling and nonconforming to the district in which located, except that no building shall be altered, added to or reconstructed to extend further into an already deficient yard space or to reduce an already deficient amount of land area per dwelling.
Temporary permits may be issued by the Code
Enforcement Officer for a period not exceeding one year for nonconforming
uses incident to housing and construction projects, including structures
and uses as storage of building materials and machinery, the processing
of building materials and a real estate office located on the tract
being offered for sale, provided that such permits are conditioned
upon agreement by the owner or operator to remove the structure or
structures or use upon expiration of the permit. Such permits may
be renewed upon application to the Code Enforcement Officer for additional
six-month periods, provided that the Code Enforcement Officer determines
that substantial progress is being made.
