[Amended 8-17-1987 by L.L. No. 1-1987]
A.
No nonconforming uses, buildings, fences or structures shall be permitted
in the Village, except that the following nonconformances may be continued,
subject to the regulations which follow in this article:
B.
Further, certain nonconforming uses, buildings, fences or structures
may be subjected to additional standards and limitations as specified
in this article.
A.
Discontinuance or removal. Any nonconforming use which is discontinued
or removed for a period of one year or more shall not be reestablished;
except that any nonconforming use which is discontinued because of
fire, flood or other natural disaster for a period of two years commencing
on the date of said natural disaster shall not be reestablished. Any
subsequent use shall conform to this chapter.
B.
Changes. Any nonconforming use shall not be changed except to a conforming
use. When so changed, the nonconforming use may not be resumed.
C.
Extension. Any nonconforming use shall not be enlarged or extended
beyond the area occupied by such use on the effective date of this
chapter. A nonconforming use may be extended throughout any part of
a building designed for such use if on the effective date of this
chapter a major portion of the building was used for such nonconforming
use.
A.
Alterations. A nonconforming building, fence or structure shall not be enlarged, extended or have exterior alterations beyond the limits of the original building, fence or structure, unless such enlargement, extension or alteration shall be in accordance with the area and bulk regulations, Article V, for the district in which the building, fence or structure is located.
[Amended 8-17-1987 by L.L. No. 1-1987]
B.
Reconstruction. A nonconforming building may be reconstructed to
its original dimensions. Such reconstruction shall, however, be subject
to site plan review. The purpose of site plan review is to provide
the Planning Board the opportunity to reduce the level of nonconformance
of the building or structure. In no case shall the level of nonconformance
be increased. Nor does this section imply any modification of this
article as to discontinuance, removal, modification or extension of
a nonconforming use.
Any sign of a type not permitted, or of a permitted type but
of a size exceeding the maximum permitted size by more than 10%, may
be continued unless any of the following occurs:
A.
There is a change of ownership of the business being advertised by
the sign;
B.
There is a change of use of the property where original use was advertised
by the sign;
C.
There is a change of location of the business being advertised by
the sign;
D.
There is replacement of the sign; or
E.
The sign is deemed obsolete in that it advertises a nonexistent or
obsolete product, place or event.
A.
Registration and notification. The Building Inspector, in consultation
with the Planning Board, shall compile a registry of all nonconforming
uses, building, fences or structures in the Residence District, Mixed-Use
District and in the Historic Overlay within three months of the effective
date of this chapter, and shall thereafter keep same current. The
Building Inspector shall notify all owners and/or operators of such
uses, buildings, fences or structures of inclusion of said uses, buildings,
fences or structures on the above referenced registry within four
months of the effective date of this chapter, or subsequent amendment
of this chapter whereby a nonconformance is created.
[Amended 8-17-1987 by L.L. No. 1-1987]
B.
Termination of nonconforming uses in the Residence District.
(1)
In the Residence District, the following uses which exist at the
effective date of this chapter shall be discontinued not more than
three years after the effective date of this chapter or after notification
by the Building Inspector, whichever is later.
(2)
Each of these uses is deemed inherently objectionable, sufficiently
undesirable and out of character in the Residence District as to depreciate
the value of other property and uses permitted in the district and
the community. Accordingly, they are to be terminated within the above
period of time. This period of time is deemed to be satisfactory for
the purpose of permitting the amortization of the remaining value,
if any, of such use.
C.
Site plan review of nonconforming uses, buildings and structures in the Mixed-Use District and within the Historic Overlay. All nonconforming uses, buildings or structures may be continued in the Mixed-Use District and within the Historic Overlay, subject to all provisions of this article. In addition, all such uses, buildings or structures included in the above-referenced registry shall be submitted to the Planning Board for site plan review according to the procedures and standards of Article VIII of this chapter within three years of the effective date of this chapter, or subsequent amendment of this chapter whereby a nonconformance is created, or at such time the owner and/or operator may request a building permit pursuant to Article XII of this chapter. The purpose of site plan review is to propose such modifications to the use, building or structure which will reduce the nonconformance of said use, building or structure, while allowing the use to continue in operation. The Planning Board may require the modification of exterior nonconforming uses to more closely conform with the area and bulk regulations (Article V), supplementary regulations (Article VII) and Historic Overlay District regulations (Article IX) of this chapter. The Planning Board may not require modification of buildings or structures except as part of normal maintenance and repair, or upon application for a building permit for uses in which site plan review is required according to Article VIII of this chapter.
Notwithstanding any of the foregoing regulations, nothing in this section shall be deemed to prevent normal maintenance and repair of any use or building, or the carrying out upon the issuance of a building permit for major structural alterations or demolitions necessary in the interest of public safety, and pursuant to other applicable sections of this chapter, particularly Article IX, Historic District Overlay. In granting such a building or demolition permit, the Building Inspector shall state the precise reason why such alteration or demolitions were deemed necessary.
