Except as otherwise provided in §§
128-42 through
128-49 and §
128-33C, the lawfully permitted use of land or buildings existing at the time of the adoption of this chapter or any amendment thereto may be continued, although such use does not conform to the regulations specified by this chapter for the district in which such land or building is located. Said uses shall be deemed nonconforming uses.
A building or structure, the use of which does not conform to
the use regulations for the district in which it is situated, shall
not be enlarged or extended unless such building or structure, including
such enlargement or extension, is made to conform to all regulations,
including use, for the district in which it is situated; provided,
however, that where the public welfare, health or safety warrants
a reasonable and necessary extension, such extensions may be temporary
or permanent, and permission therefor shall be obtained by application
to and approval by the Board of Appeals.
A nonconforming building shall not be structurally altered unless
such alterations are required by law; provided, however, that such
maintenance and repair work as is required to keep a nonconforming
building or structure in sound condition shall be permitted; and provided,
further, that any such nonconforming use may be extended throughout
any parts of the building which were lawfully and manifestly arranged
or designed for such use at the time of the adoption of the provisions
of this chapter which made said use nonconforming.
A nonconforming use of a building may be changed only to a conforming
use.
If any nonconforming use of a building ceases for any reason
for a continuous period of more than 120 days or is changed to a conforming
use, or if the building in or on which such use is conducted or maintained
is moved for any reason, then any future use of such building shall
be only in conformity with regulations specified by this chapter for
the district in which such building is located.
If any building in or on which any nonconforming use is conducted
or maintained is hereafter removed, the subsequent use of the lot
on which such building was located and the subsequent use of any building
thereon shall be in conformity with the regulations specified by this
chapter for the district in which such land or building is located.
A building that is conforming in use but does not conform to the height, yard or floor area requirements of this chapter shall not be considered to be nonconforming within the meaning of §§
128-42 through
128-46. However, no permit shall be issued that will result in the increase of any such nonconformity.
No extension of or addition to any nonconforming school or membership club use shall be permitted except by special permit issued by the Village Board pursuant to the provisions of §§
128-34 through
128-37.