A.
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]
B.
Nonconforming use of buildings and structures.
(1)
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.
(2)
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.
C.
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]
D.
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.
A.
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.
B.
Water disposal. All fresh water from pools shall be disposed entirely
on the owner's land.
C.
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.
D.
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.
E.
All swimming pools shall have the same front yard, side yard and
rear yard as required for principal buildings.
F.
No salt water from pools shall be disposed of on land.
G.
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]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
