A.
Existing zoned lots of record.
(1)
A nonconforming zoned lot of official record existing at the effective
date of this chapter may be used for any purpose permitted in the
zone district in which it is located, irrespective of its area or
width, provided that:
(a)
The owner does not own any adjoining property which would create
a conforming lot if all or part of said property were combined with
subject zone lot; and
(b)
Provided that the minimum area for such lot shall be 15,000
square feet and a minimum lot width of 75 feet in the R-1-20 Residential
District, and 10,000 square feet and a minimum lot width of 50 feet
in the R-1-15 Residential District; and
(c)
That all other provisions of this chapter are adhered to.
(2)
No lot or lots in single ownership shall hereafter be reduced so
as to create one or more nonconforming lots.
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.
D.
A nonconforming use existing at the date of adoption of this chapter
may not be changed to another nonconforming use.
E.
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.
A.
After the effective date of this chapter, upon the written request
of the user of any structure or premises, or at the instance of the
Code Enforcement Officer (CEO), an examination by the CEO 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.
B.
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, providing that the expansion reduces the degree of nonconformity. Application forms for the expansion of a nonconforming use and/or structure shall be obtained from the Code Enforcement Officer (CEO). The CEO 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 Village Zoning Board of Appeals in considering such special requests shall, at a minimum, address the following potential concerns as listed in § 135-37.
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 shall be provided. 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
and will be less nonconforming than the existing use or structure.
(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 Village 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.
(5)
In the case of nonconforming lots which comply with the provisions for modification (see § 135-35), the combined total side yard requirements, as specified in Schedule I,[1] shall be reduced by six inches for each foot by which
a lot is less than the minimum lot width requirement specified in
Schedule I for the zone in which it is located. In an R-1-20 District,
in no case shall the combined side yard width be reduced to less than
25 feet, nor shall any single yard be less than 10 feet in width.
In an R-1-15 Residential District, in no case shall the combined side
yard width be reduced to less than 20 feet nor shall any single yard
be less than eight feet.
[1]
Editor's Note: Schedule I, Zoning Schedule, is included as
an attachment to this chapter.
B.
Public hearing.
(1)
Before authorizing the expansion of a nonconforming use and/or structure,
the Village 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 this 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 45 days after said referral to state its position
relative to the proposed application. The Village Zoning Board of
Appeals shall hold such public hearing at the earliest possible date
following the forty-five-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 of 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 six months, 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 of portion
thereof, for such period of six months is hereby construed and considered
to be an abandonment of such nonconforming use, regardless of any
reservation of an intent not to abandon same or of an intent to resume
active operations. If actual abandonment in fact is evidenced by the
CEO in the form of 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
as of the date observed, and all rights to reestablish or continue
such nonconforming use shall thereupon terminate. The CEO shall prepare
written notice of such abandonment and file copies with the Zoning
Board of Appeals, the Village Clerk/Treasurer, and the property owner(s).
A.
Any building damaged by fire or other unintentional causes to the
extent of more than 50% of its true value shall not be repaired or
rebuilt except in conformance with this chapter. In the case of a
permitted restoration of a nonconforming use, such restoration shall
not increase the degree of nonconformance.
B.
Nothing in this chapter shall prevent the strengthening or restoring
to a safe condition any wall or roof which has been declared unsafe
by the CEO.
C.
Normal maintenance repairs and incidental alteration of a building
or other structure containing a nonconforming use shall be permitted,
provided it does not extend the area or volume of space occupied by
the nonconforming use.
D.
Any building which is nonconforming due to insufficient yard distances
or lot area shall not be considered a nonconforming use. Any alterations
or structural changes may be accomplished within the existing frame
of said building, but any additions shall conform to the specific
setback and yard distance requirements of this chapter.
E.
Any building damaged by fire or other unintentional causes which
lies within the HDO Historic District Overlay area on the Official
Zoning Map may be rebuilt to its previously existing area or use so
as to restore the site to its original status.
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.
