Any legal nonconforming use, building or structure existing
at the time of the passage of this chapter may be continued unless
otherwise prohibited or limited in duration by the provisions of this
chapter.
A legal nonconforming use may not be changed to a different
nonconforming use.
Whenever a legal nonconforming use shall have been abandoned
for a term of six months, or whenever the structure in which a legal
nonconforming use is located is substantially destroyed, the land,
building or structure in which said legal nonconforming use shall
have existed shall not thereafter be used for any nonconforming use.
Such six-month period of abandonment may be discontinued only by 30
or more consecutive business days of operation. A legal nonconforming
use shall be substantially destroyed if the cost to repair and replace
the structure subject to such nonconforming use exceeds 50% of the
current structural replacement value thereof. Where more than one
legal nonconforming use is maintained upon a lot, all of such uses
must be abandoned as aforesaid in order for the legal nonconforming
uses to be extinguished. Any legal nonconforming use which shall have
been extinguished as a result of abandonment or destruction as set
forth herein may be reinstated as to structure and/or use within two
years of extinguishment by special permit by the Board of Trustees.
No legal nonconforming use or structure may be enlarged or extended
unless the use therein is changed to a conforming use or where a special
permit for such enlargement or extension shall have been granted by
the Board of Trustees.
Subject to the approval and consent of the Board of Trustees,
any legal nonconforming use may be structurally altered, provided
that the cost of such structural alteration shall in no case exceed
50% of the current structural value.
Nothing in this article shall be deemed to prevent keeping in
good repair a nonconforming building or a building in which a nonconforming
use is conducted, but no such building that is declared by any duly
authorized Village official to be unsafe or unlawful by reason of
physical condition shall be restored, repaired or rebuilt except in
full conformity with the regulations prescribed by this chapter for
the district in which such building is located.
The Zoning Board of Appeals may, after public hearing on the
written verified application of the owner of property claiming a legal
nonconforming use thereon, confirm such use by determining that such
use is, in fact, a legal nonconforming use.
A. Evidence to accompany application to determine legal nonconforming
use. Every application under this section shall state or be accompanied
by an affidavit or affidavits stating the evidentiary facts claimed
to establish such use as a legal nonconforming use and shall be filed
in duplicate with the Zoning Board of Appeals. The Zoning Board of
Appeals may, in its discretion, require the production of additional
evidence and may make whatever independent investigation it may deem
necessary.
B. Confirmation or denial of legal nonconforming use. The Zoning Board
of Appeals, upon the evidence submitted to and obtained by it, shall
make and file with the Village Clerk/Treasurer a written determination
confirming or denying that such use is a legal nonconforming use and
stating the facts which it finds to be established by such evidence,
the basis of such findings and the conclusions it has drawn from such
findings.
C. Issuance or denial of certificate of occupancy.
(1) Upon confirmation by the Zoning Board of Appeals of any legal nonconforming
use pursuant to this section, the Building Inspector shall issue to
the applicant a certificate of occupancy with an endorsement thereon
specifying the legal nonconforming use so confirmed, and such certificate
shall constitute presumptive evidence that such use is a legal nonconforming
use in any action or proceeding brought to enforce this chapter.
(2) Every nonconforming use for which a certificate of occupancy has
not been issued, as provided in this section, shall be an illegal
nonconforming use for the purpose of any application to or proceeding
before any officer or board of the Village.
D. Effect of article.
(1) Nothing in this article shall be deemed to make legal or to permit
the confirmation of any nonconforming use which is not a legal nonconforming
use or to invalidate the use of or require the confirmation of the
use of any land, building or structure for which a valid certificate
of occupancy has been issued prior to and is in effect on the effective
date of this chapter.
(2) All the foregoing provisions relating to nonconforming uses and buildings
shall apply to all nonconforming uses and buildings existing at the
time of the effective date of this chapter and to all uses and buildings
that become nonconforming by reason of any amendment thereof.
(3) The existence of a nonconforming use or building or the application
thereto of the limitations set forth in this section shall not be
deemed to result in practical difficulty or unnecessary hardship warranting
any variance in the strict application of any of the provisions of
this chapter to such nonconforming use or building or to the land
on which it is located. It is the intention of this chapter that such
vested rights as pertain to any nonconforming use or building shall
remain unimpaired but that the same shall not be extended or increased
in any manner whatsoever.