Nonconforming uses. The lawfully permitted use of land, building or structures existing at the effective date of this chapter or the effective date of any amendment thereto which may cause an existing use to become nonconforming may be continued although such use does not conform to the provisions hereof. Such uses shall be deemed nonconforming uses.
[Amended 10-19-1985 by L.L. No. 4-1985]
Nonconforming use of buildings and structures.
A building or structure, the use of which does not conform to the use regulations of 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 health, safety or welfare warrants a reasonable and necessary exclusion, temporarily or permanently, permission therefor may be obtained by application to and the approval of the Board of Appeals.
A nonconforming building or structure 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.
Nonconformity other than use. A building and structure that is conforming in use but does not conform to the height, yard, area, or other dimensional requirements shall not be considered to be nonconforming within the meaning of Subsections A and B of this section. A building or structure that is conforming in use, but is nonconforming as to the height, yard, area or other dimensional regulations may be reconstructed, structurally altered, restored, repaired, in whole or in part, except that the degree of nonconformity shall not be increased. No permit shall be issued, however, that will result in the expansion of the floor area or lot coverage of any such nonconformity.
[Amended 11-4-2000 by L.L. No. 2-2000; 6-8-2019 by L.L. No. 5-2019]
A nonconforming use that has been abandoned shall not thereafter be reinstated. Failure to continue such nonconforming use for a period of one year shall be prima facia evidence of such abandonment unless notice of intention to continue shall be filed with the Village Clerk within such period, specifying the nonconforming use which is to be continued. The time for filing such notice shall begin with the effective date of this amendment.
[Added 6-14-1986 by L.L. No. 3-1986]
[Amended 12-15-1984 by L.L. No. 3-1984; 10-19-1985 by L.L. No. 4-1985]
The construction, installation, enlargement, alteration and maintenance of any outdoor swimming pool will be permitted only if there is compliance with the provisions of this section, and standards promulgated by the Board of Trustees.
Plans. In addition to the information required on any application for a permit for a building or structure, an application which includes provision for a swimming pool shall show in detail the water supply and disposal systems, fence construction and vertical elevations.
Water disposal. All fresh water from pools shall be disposed entirely on the owner's land.
Fences. All pool areas shall be completely enclosed by a fence and all fence openings or points of entry into the pool area shall be equipped with a gate having a self-closing and self-latching device. All gates shall be locked whenever the pool is unattended. Fence and gate construction shall be of durable material, not less than four feet in height, and no aperture shall exceed four inches in a horizontal direction.
Sanitation. Provision shall be made for the water to be treated so as to comply with the bacterial standards established by or promulgated pursuant to the New York State Sanitary Code relating to outdoor swimming pools, and every pool shall be used or maintained in accordance with the provisions of such code and regulations of the Suffolk County Department of Health.
All swimming pools shall have the same front yard, side yard and rear yard as required for principal buildings.
No salt water from pools shall be disposed of on land.
Swimming pools shall be of the inground type only and shall not be permitted to be installed above the grade.
The Board of Trustees may, on its own motion and in accordance with the provisions of the Village Law of the State of New York, amend this chapter at any time. Upon the petition of any three or more property owners in the Village, the Board of Trustees may, after due notice and public hearing, amend, supplement, modify or repeal the regulations and provisions of this chapter. When such a hearing is held on a petition and the Board does not thereafter vote to amend the law as sought by the petition, the Board will not be required to hold another public hearing on the same, or substantially the same matter within one year after the date of the first such hearing.
[Amended 10-19-1985 by L.L. No. 4-1985; 11-4-2000 by L.L. No. 2-2000; 10-13-2018 by L.L. No. 3-2018]
Where a violation of this chapter has been committed or shall exist, the owner and the agent or contractor of the building or other structure or lot where such violation has been committed or shall exist, the lessee or tenant of the part of or of the entire building or other structure or lot where such violation has been committed or shall exist, and the agent, architect, contractor or any other person who takes part or assists in such violation or who maintains any building or other structure or lot in which any such violation shall exist shall be guilty of a violation of this chapter.
A violation of this chapter is hereby declared to be an offense, punishable by a fine not exceeding $1,000 or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $500 nor more than $1,500 or imprisonment for a period not to exceed 15 days, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $1,500 nor more than $2,500 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers in general, violations of this chapter shall be deemed misdemeanors, and, for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each and every day that any such violation continues shall constitute a separate additional violation.
If any person fails to abate any violation within five days after written notice has been personally served on him, or within 10 days after written notice has been sent to him by registered mail at his home or business address, and posted in a conspicuous place on any building or structure at any premises which are in violation of any of the provisions of this chapter, the Board of Trustees may instruct the Building Inspector to revoke any building permit or certificate of occupancy for any building or structure on the premises on which such violation occurs and such person shall be deemed to be a disorderly person and subject to a civil penalty of not more than $1,000 for each violation or offense, and every day that any such violation continues, or exists shall be a separate violation or offense with a separate penalty and fine hereunder recoverable by suit brought by the Village and retained by it. These penalties shall be assessed as a tax lien against the property if not paid within 30 days of notification of the violation.
If any person violates the provision of this chapter with regard to engaging in any commercial activity, the penalty for such activity shall be $5,000 for each violation or offense and every day that any such violation continues.
Remedy not exclusive. The Village of Dering Harbor shall not be precluded from and shall maintain all remedies available to it by law, and the election by the Village of the issuance of violation and assessment of penalties shall not be a waiver of or with prejudice to any civil or other remedy available to the Village.
Any building or structure which is erected, constructed, altered, enlarged, converted, demolished, moved or removed, or which is used contrary to the provisions of this chapter, shall be deemed to be an unlawful structure. Any land or building or structure which is operated, maintained or used contrary to any of the provisions of this chapter shall be deemed to be an unlawful use. Such an unlawful structure or unlawful use are hereby declared to be violations of this chapter. The proper Village authorities may institute an injunction, mandamus, abatement or any other appropriate action to prevent, enjoin, abate or remove any such erection, construction, alteration, enlargement, conversion, or use which is in violation of any of the provisions of this chapter.
If any section or part of this chapter is for any reason held by any court to be invalid, such determination shall not effect the validity of the remainder. The Village Board of Trustees hereby declares that it has adopted this chapter and all parts thereof capable of separate construction regardless of the possibility that any part may be declared invalid.