The following provisions shall apply to all
lawful 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 lawful 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. Nonconforming uses.
(1) Nonconforming uses may continue indefinitely, except as indicated in Subsection
B(2) below or any amendment thereto.
(2) Nonconforming uses shall not be enlarged, extended,
reconstructed or placed on a different portion of the lot occupied
by such uses on the effective date of this chapter or any amendment
thereto, nor shall any external evidence of such use be increased
by any means whatsoever.
(3) Nonconforming uses shall not be 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.
(4) Nonconforming uses shall not be reestablished if such
use has been discontinued for any reason for a period of one year
or more or has been changed to or replaced by a conforming use. Intent
to resume a nonconforming use shall not confer the right to do so.
B. Nonconforming buildings or structures.
(1) Nonconforming buildings or structures shall not be
moved to another location where such building or structure would also
be nonconforming.
(2) In the event that the nonconforming building or structure
is damaged by more than 50%, the building or structure may only be
reconstructed in conformance with the Village of Harriman Zoning Law
as it exists on the date of the occurrence.
(3) Normal maintenance and repair, alteration, reconstruction
or enlargement of a building which does not house a nonconforming
use but is nonconforming as to district regulations for lot area,
lot width, front, side or rear yards, maximum height and lot coverage
or other such regulation is permitted if the same does not increase
the degree of or create any new nonconformity with such regulations
in such building.
(4) Nothing shall prevent normal maintenance and repair
of any building or structure or the carrying out upon the issuance
of a building permit of major structural alterations or demolition
necessary in the interest of public safety. In granting such a permit,
the Code Enforcement Officer shall state the reason why such alterations
were deemed necessary.
C. Cessation of certain nonconforming uses and structures.
(1) All nonconforming billboards, advertising signs and
the structures on which they are located which have been erected in
the Village shall be taken down and removed on or before the expiration
of three years from the effective date of this chapter, and such lapse
of time shall be deemed sufficient to amortize the cost thereof.
(2) All flashing and moving signs shall be terminated
and flashing lights on signs shall be removed on or before the expiration
of one year from the effective date of this chapter, which period
of time is deemed sufficient to amortize the cost of the lighting
to be removed or replaced.
(3) All signs which are nonconforming as to size or location
on a lot or building shall be removed or relocated and/or decreased
in size to conform to the requirements of this chapter on or before
the expiration of three years from the effective date of this chapter,
which period of time is deemed sufficient to amortize the cost thereof.
(4) Notwithstanding any other provisions of this chapter,
any nonconforming outdoor storage of materials, such as but not limited
to scrap metal, used lumber or other waste, trash, rubbish or discarded
material or machinery or one or more wrecked, unregistered or partially
dismantled vehicles not enclosed within a building, shall, at the
expiration of three years from the date of enactment of this chapter,
become a prohibited and unlawful use and shall be discontinued, and
all such materials shall be removed.
Floodlighting of buildings and front, side and
rear yards is permitted. No floodlight, spotlight or other light shall
be erected in such a manner that its beam shall be directed, in whole
or in part, toward a street, road or highway or toward adjoining property
or in any way or manner that will cause a traffic hazard due to its
glare.