A.
Except as otherwise provided in this chapter, 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 district in which
such land or building is located; provided, however:
(1)
That no nonconforming lot shall be further reduced in size, except
when joined with an adjoining lot to make a conforming lot.
(2)
That no nonconforming building shall be enlarged, extended or increased
unless such enlargement would tend to reduce the degree of nonconformance.
(3)
That no nonconforming use shall be expanded.
B.
Discontinuance. 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 one year, 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 a part or portion thereof, for such period of one year 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 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 and all rights to reestablish or continue such nonconforming
use shall thereupon terminate.
C.
Cessation of certain nonconforming uses.
[Amended by L.L. No. 2-1978]
(1)
Notwithstanding any other provisions of this chapter, any automobile
wrecking or other junkyard and any billboard, advertising structure
or nonconforming sign in existence in any district at the date of
enactment of this chapter shall at the expiration of three years from
such date become a prohibited and unlawful use and shall be discontinued.
(2)
Provided, however, and notwithstanding the foregoing provisions, the owner or operator of any automobile wrecking yard or other junkyard shall have the right to make application to the Board of Trustees for the extension of the amortization period as stated in Subsection C(1) of this section and to have a determination by the Board of Trustees before any action or proceeding may be commenced to terminate such nonconforming use or to prosecute any violation of this subsection.
(3)
The Zoning Enforcement Officer shall serve or cause to be served,
by certified mail or personally, a certified copy of this subsection
upon any such owner or operator, together with a notice that such
owner or operator shall file a verified petition addressed to the
Board of Trustees in the Village Clerk's Office no later than 60 days
from the date of such notice if he wishes to obtain an extension of
the amortization period.
(4)
Such verified petition shall contain the following information:
(a)
Name and address of the applicant.
(b)
Name and address of the owner of the premises. Attached to the
petition shall be a legal description of the premises.
(c)
The date that the business or operation was commenced.
(d)
The amount or other consideration paid to purchase the premises
or the rental and terms of any lease.
(e)
The dates any improvements were made to said premises since
the date such property was purchased or used for the nonconforming
use and a description of same together with the cost of such improvements.
(f)
The present market value of said premises together with the
current assessed value.
(g)
The period of time for which the applicant seeks an extension
of the amortization period.
(h)
An inventory of all personal property on-hand used in the business
and material held for processing or processed or held for sale or
resale located on said premises taken not less than 30 days before
the date of the petition, together with the estimated current market
value of same, shall be attached to the petition.
(i)
An inventory of all other personal property located on said
premises, excluding household goods and other personal property held
for personal use.
(j)
Certified copies of federal income tax returns for the past
three fiscal years of the applicant shall be submitted with the application.
Only that part of the returns applicable to the business or operation
need to be submitted.
(k)
Such other facts or information that the applicant feels should
be brought to the attention of the Board of Trustees.
(5)
Upon receipt of the petition, the Village Clerk shall deliver the
petition to the Board of Trustees at the next regularly scheduled
meeting of the Board of Trustees.
(6)
The Board of Trustees shall schedule a public hearing on said petition
no later than 30 calendar days from the date of such meeting and shall
give public notice at least 10 calendar days prior to the public hearing.
(7)
At the public hearing, all interested parties including the Zoning
Enforcement Officer shall have the opportunity to present evidence
and to be represented by counsel.
(8)
If necessary, the Board of Trustees may adjourn such public hearing
from time to time in order to give all interested parties the opportunity
to be heard.
(9)
After the close of the public hearing, the Board of Trustees shall render its decision no later than 45 calendar days thereafter. The Board of Trustees may affirm the three-year amortization period specified in Subsection C(1) or extend the amortization to any period of time that it may determine to be equitable and just.
(10)
Any decision of the Board of Trustees shall be subject to review
as provided in Article 78 of the Civil Practice Law and Rules. Such
appeal may be taken by any person aggrieved.
D.
No building damaged by fire or other causes to the extent of more
than 75% of its actual value shall be repaired or rebuilt except in
conformity with the regulations of this chapter. Nothing in this chapter
shall prevent the strengthening or restoring to a safe condition any
wall, floor or roof which has been declared unsafe by the Zoning Enforcement
Officer.
E.
A nonconforming use shall not be extended, but the extension of a
lawful use to any portion of a nonconforming building which existed
prior to the enactment of this chapter shall not be deemed the extension
of such nonconforming use.
F.
Unsafe structures. Any structure or portion thereof declared unsafe
by a proper authority but not ordered to be demolished may be restored
to a safe condition.
G.
Those uses existing as of the year 2020 which would otherwise be permitted only with a special use permit may be required to meet certain regulations as set forth in Article VI, Special Use Regulations, for the particular use.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
H.
A nonconforming building may not be reconstructed or structurally
altered during its life to an extent exceeding in aggregate cost 50%
of the true value of the building unless said building is changed
to conform to the requirements of this chapter.
I.
Changes. Once changed to a conforming use, no building or land shall
be permitted to revert to a nonconforming use. A nonconforming use
may be changed to a use of the same classification upon approval of
the Zoning Board of Appeals or to a use of more restricted classification
and when so changed to a more restricted classification, such use
thereafter shall not be changed to a less restricted classification.
J.
Amendments. Whenever the boundaries of a district shall be changed
so as to transfer an area from one district to another district of
a different classification or whenever the text of this chapter shall
be changed with respect to the uses permitted in a district, the foregoing
provisions shall also apply to any nonconforming uses existing therein.
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.
The use of any such nonconforming building may be changed to any other
permitted use so long as the yard or lot area requirements are no
greater.
