Any legal nonconforming use, or preexisting building or use
may be continued unless otherwise prohibited or limited in duration
by the provisions of this article.
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.
There shall be no abandonment if, within the six-month term, the nonconforming
use shall be reestablished for a period of at least 30 days. 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
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 within two years of extinguishment
by special use permit by the Board of Trustees upon good use shown.
A legal nonconforming use or structure may not be enlarged or
extended.
Any legal nonconforming use may be altered or repaired, provided
that the cost of such alteration or repair is no greater than 50%
of the current structural replacement value of the building or structure.
Nonconforming buildings or structures, or a building or structure
in which a nonconforming use is conducted, shall be kept in good repair.
Any building that is declared by any duly authorized official to be
unsafe or unlawful by reason of physical condition shall be restored,
repaired or rebuilt 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 a written determination confirming
or denying the 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 Superintendent of
Buildings 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 section.
(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.