Except as otherwise provided in this Article, the lawful use
of land or buildings existing at the date of the adoption of this
chapter may be continued although such use or building does not conform
to the regulations specified by this chapter for the zone district
in which such land or building is located. The following provisions
shall, however, apply to all nonconforming uses:
A. A nonconforming lot shall not be further reduced in size.
B. A nonconforming building shall not be enlarged, extended or increased
unless such enlargement would tend to reduce the degree of nonconformance.
C. A nonconforming use shall not be expanded except as may be authorized by §
163-48.
D. A nonconforming use may be changed into a conforming use. When a
nonconforming use is changed to conform to the requirements of this
chapter, the use of the building or tract of land shall not be changed
again except in accordance with these regulations.
E. Where such nonconforming use is upon the land itself and not enclosed
within a structure or where such use involves the removal of soil,
minerals or the excavation of gravel or rock or other material, such
use may be continued upon the land being so used at the time of the
adoption hereof. Any such nonconforming use of the land may be extended
or expanded to include any part of the plot or parcel of land now
being used or held in reserve for future use, provided that such enlargement
does not involve the use of any lot acquired or the excavation rights
of which were acquired by the excavation operator after the effective
date of this chapter. However, such extension or expansion of such
nonconforming use shall comply with the setback and fencing requirements
of this chapter.
After the effective date of this chapter, upon the written request
of the user of any structure or premises or at the insistence of the
Code Enforcement Officer, an examination by the Code Enforcement Officer
of any existing use shall be made. A report of the findings made upon
such examination shall thereafter be filed with the Zoning Board of
Appeals, together with a certificate of existing nonconforming use,
which shall clearly describe the premises and structure, if any, referred
to and shall specify the nature and extent of such existing use. Such
certificate shall be prepared in triplicate, one copy of which shall
be maintained by the Code Enforcement Officer, one copy of which shall
be furnished to the Zoning Board of Appeals and one copy to be furnished
to the owner or user.
A nonconforming use and/or structure shall not be expanded except
in conformance with the procedures and regulations specified in this
section. In no case shall such expansion extend beyond the lot occupied
by such nonconforming use or structure. The expansion of a nonconforming
use or structure hereunder shall be subject to approval by the Zoning
Board of Appeals, and each case shall be considered on an individual
basis. Application forms for the expansion of a nonconforming use
and/or structure shall be obtained from the Code Enforcement Officer.
The Code Enforcement Officer shall issue a permit to allow the expansion
of a preexisting nonconforming use and/or structure only upon written
authorization of the Zoning Board of Appeals. The Zoning Board of
Appeals in considering such special requests shall, at a minimum,
address the following potential concerns:
A. Standards applicable to authorizing the expansion of a nonconforming
use and/or structure:
(1) The location and size of the nonconforming use and/or structure,
the nature and intensity of the operations involved in or conducted
in connection with it, the size and site in relation to it, the location
of the site in relation to it and the location of the site with respect
to streets giving access thereto. Conditions shall be in place such
that the expansion will not be inconsistent with the orderly development
of the district in which the use is located.
(2) Screening or other protective measures shall be adequate to protect
any adjacent properties from objectionable aspects of any such expansion
of the nonconforming use.
(3) Off-street parking areas shall be of adequate size for the particular
use, and access drives shall be laid out so as to achieve maximum
safety and minimum inconvenience to adjacent properties.
(4) The Zoning Board of Appeals may prescribe any condition that it deems
necessary or desirable to aid it in making a determination on the
application and to protect the interests of the community and adjacent
properties.
B. Public hearing.
(1) Before authorizing the expansion of a nonconforming use and/or structure,
the Zoning Board of Appeals shall give public notice and hold a public
hearing on the application in the same manner as required by law for
amendments to the chapter.
(2) Prior to such public hearing, the application shall be referred to
the Village Planning Board for report and recommendation. The Planning
Board shall have 30 days after said referral to state its position
relative to the proposed application. The Zoning Board of Appeals
shall hold such public hearing at the earliest possible date following
the thirty-day referral period and may take action on the proposal
as it deems appropriate.
C. Limitations. An authorization to permit the expansion of a nonconforming
use and/or structure shall be deemed to authorize only the particular
use or structure specified in the application and shall apply only
to the area specified in the permit. A permit authorizing an expansion
under this section shall expire within six months from the date of
issuance if the nonconforming use and/or structure is not expanded
or enlarged.
In any district, whenever a nonconforming use of land, premises,
building or structure or any part or portion thereof has been discontinued
for a period of one year, such nonconforming use shall not thereafter
be reestablished, and all future uses shall be in conformity with
the provisions of this chapter. Such discontinuance of the active
and continuous operation of such nonconforming use or part or portion
thereof for such period of one year is hereby construed and considered
to be an abandonment of such nonconforming use, regardless of any
reservation of an intent not to abandon the same or of an intent to
resume active operations. If actual abandonment in fact is evidenced
by the removal of buildings, structures, machinery, equipment and
other evidences of such nonconforming use of the land and premises,
the abandonment shall be construed and considered to be completed
and all rights to reestablish or continue such nonconforming use shall
thereupon terminate.
Whenever the boundaries of a district shall be changed so as
to transfer an area from one district to another of a different classification,
the foregoing provisions shall also apply to any nonconforming uses
existing therein or created thereby.
Nothing herein contained shall require any change in plans,
construction or designated use of a building or site complying with
existing laws, a permit for which had been duly granted before the
date of adoption of this chapter or any applicable amendment thereto.