[Amended 10-19-2012 by L.L. No. 5-2012]
A. 
No land, building or structure actually and lawfully used, at the time of the taking effect of this chapter or at the time of the taking effect of any amendment thereto changing the use regulations, for any use not conforming with the provisions of this chapter shall be used thereafter to any greater extent for the same nonconforming use, except as expressly set forth in this chapter.
B. 
No land, building or structure actually and lawfully used, at the time of the taking effect of this chapter or at the time of the taking effect of any amendment thereto changing the use regulations, for any use not conforming with the provisions of this chapter shall be used thereafter for any other nonconforming use, except as expressly set forth in this chapter.
C. 
A conforming principal building lawfully used for a nonconforming use may be reconstructed or altered for the same nonconforming use to an extent not exceeding 100% of the usable floor area of such building without the requirement of a variance from the Board of Appeals, provided that the overall lot coverage of such building is not enlarged, such building is not used to any greater extent for such nonconforming use, and the character of such nonconforming use is not changed, and provided further that all other requirements set forth in this chapter are complied with.
D. 
A nonconforming principal building lawfully used for a nonconforming use may be reconstructed or altered for the same nonconforming use to an extent not exceeding 100% of the usable floor area of such building upon obtaining special exception approval from the Board of Trustees authorizing such reconstruction or alteration, provided that the overall lot coverage of such building is not enlarged, such building is not used to any greater extent for such nonconforming use, the character of such nonconforming use is not changed, and the reconstruction or alteration shall not increase the specific nonconformity or nonconformities involved with respect to dimensional regulations, and provided further that all other requirements set forth in this chapter are complied with.
E. 
With respect to Subsections C and D above, where the reconstruction or alteration involves construction of a foundation, basement or cellar for such principal building, such construction shall not be deemed to enlarge or increase the usable floor area of such building or to increase the extent of such nonconforming use, provided that the floor area of such basement or cellar shall be used only for storage or for location of mechanicals for the building or similar equipment and, upon obtaining special exception approval from the Board of Trustees, such other uses as may be incidental to the lawful use of such building and authorized by the Board of Trustees. With respect to Subsections C and D above, where the reconstruction or alteration involves construction of firesafety features or handicapped accessibility features required by the State Uniform Fire Prevention and Building Code for such principal building, such construction shall not be deemed to enlarge the overall lot coverage or increase the usable floor area of such building or to increase the extent of such nonconforming use.
F. 
With respect to Subsection D above, where the reconstruction or alteration involves construction of a foundation, basement or cellar for such nonconforming principal building which increases any specific nonconformity with respect to dimensional regulations by reason of an increase in the height of such building, the Board of Trustees may grant special exception approval authorizing such reconstruction or alteration, notwithstanding such increase of any specific nonconformity, provided that the height of such building is not increased by more than three feet. With respect to Subsection D above, where the reconstruction or alteration involves construction of firesafety features or handicapped accessibility features required by the State Uniform Fire Prevention and Building Code for such nonconforming principal building which increases any specific nonconformity with respect to dimensional regulations by reason of providing such features, the Board of Trustees may grant special exception approval authorizing such reconstruction or alteration, notwithstanding such increase of any specific nonconformity, provided that the Board of Trustees finds that such features are designed and located so as to minimize to the extent reasonably practical any detriment to the neighborhood.
G. 
Except as set forth in § 196-5, an accessory building or structure (whether conforming or nonconforming with respect to dimensional regulations) lawfully used for a nonconforming use shall not be reconstructed, altered or added to unless a special exception is obtained from the Board of Trustees.
H. 
The Board of Appeals may grant a variance for a change in a nonconforming use (such as a change from a lawfully existing nonconforming use to another nonconforming use), provided that:
(1) 
The Board of Appeals shall have made a determination that such change is likely to benefit the general neighborhood.
(2) 
Such change is made subject to such reasonable conditions and safeguards, if any, as the Board of Appeals may stipulate.
No building or structure, use of which shall be voluntarily abandoned or which shall be reconstructed, altered, moved, remodeled or otherwise voluntarily changed, as to conform to the provisions or any of the provisions of this chapter, shall be changed back in any degree, extent or manner to any previous nonconforming or any other nonconforming use, size, type, character or location; nor shall any lands, the use of which shall be changed from a nonconforming to a conforming use or purpose, be changed back in any degree, extent or manner to its previous or any other nonconforming use or purpose, whether as to improvement, size, street frontage or otherwise.
[Amended 10-19-2012 by L.L. No. 5-2012]
A. 
Where a parcel of land contains one one-family dwelling and a separate existing building lawfully used in whole or in part for residential purposes incidental to the use of the one-family dwelling (such as where the separate existing building is lawfully used for occupancy for residential purposes by guests of the occupants of the one-family dwelling), such separate existing building shall be deemed an accessory building used for a nonconforming accessory use (the guesthouse use being a nonconforming accessory use). Such separate existing building shall not be considered a one-family dwelling.
B. 
Where such accessory building is lawfully used only in part for the nonconforming guesthouse use (such as where part of the accessory building is used as a garage or other permitted accessory use), the term "guesthouse" shall mean and refer to the part of such accessory building lawfully used for the nonconforming guesthouse use. Where such accessory building is lawfully used in whole for the nonconforming guesthouse use, the term "guesthouse" shall mean and refer to the whole of such accessory building.
C. 
Such guesthouse may be used and occupied for residential purposes only by guests of the occupants of the main house (to wit: the one-family dwelling). Such guesthouse shall not be used and occupied for residential purposes by a person or family independent from the occupants of the main house, and such guesthouse shall not be rented to a tenant or tenants for occupancy for residential purposes by a person or family independent from the occupants of the main house.
D. 
Where such accessory building is lawfully used only in part for the nonconforming guesthouse use, any enlargement of such accessory building shall be prohibited unless a variance is obtained by the Board of Appeals, and any expansion or increase in the floor area used for the nonconforming guesthouse use (such as conversion of floor area used as a garage or other permitted accessory use to floor area used for the nonconforming guesthouse use) shall be prohibited unless a variance is obtained from the Board of Appeals. Where such accessory building is lawfully used in whole for the nonconforming guesthouse use, any enlargement of the guesthouse shall be prohibited unless a variance is obtained from the Board of Appeals, and any expansion or increase in the floor area used for the nonconforming guesthouse use shall be prohibited unless a variance is obtained from the Board of Appeals.
E. 
A conforming accessory building lawfully used for nonconforming guesthouse use may be reconstructed or altered for such nonconforming use to an extent not exceeding 100% of the usable floor area of such building without the requirement of a variance, provided that the overall lot coverage of such building is not enlarged and such building is not used to any greater extent for such nonconforming use, and provided further that all other requirements set forth in this chapter are complied with. Where such reconstruction or alteration involves construction of a foundation, basement or cellar for such building, such construction shall not be deemed to enlarge or increase the usable floor area of such building or to increase the extent of such nonconforming use, provided that the floor area of such basement or cellar shall be used only for storage or for location of mechanicals for such building or similar equipment.
F. 
A nonconforming accessory building lawfully used for nonconforming guesthouse use may be reconstructed or altered for such nonconforming use to an extent not exceeding 100% of the usable floor area of such building without the requirement of a variance, provided that such building is moved to a conforming location, the overall lot coverage of such building is not enlarged and such building is not used to any greater extent for such nonconforming use, and provided further that all other requirements set forth in this chapter are complied with. Where such reconstruction or alteration involves construction of a foundation, basement or cellar for such building incident to moving such building to a conforming location, such construction shall not be deemed to enlarge or increase the usable floor area of such building or to increase the extent of such nonconforming use, provided that the floor area of such basement or cellar shall be used only for storage or for location of mechanicals for such building or similar equipment.
G. 
Except to the extent otherwise specifically provided in Subsection F above, a nonconforming accessory building lawfully used for nonconforming guesthouse use shall not be reconstructed, altered or added to unless a variance is obtained from the Board of Appeals.
H. 
The specific provisions of Subsections E and F above are intended to constitute a limited exception to the general provisions of Subsection G of § 196-3.
A. 
Nothing in this chapter shall prohibit or be construed to prohibit, subject, however, to the provisions and restrictions contained in §§ 196-3, 196-4 and 196-5, the maintenance, use and repair of any buildings, structures or land within the Village for the same uses and purposes and of the same size and character and in the same locations and with the same street frontage and within the same distance from any street or other property line, as actually existed and used at the time of the taking of effect of this chapter or of any part thereof or any amendment thereto.
B. 
Nothing in this chapter shall be construed to prohibit the reconstruction of any residence, guesthouse or other building accessory thereto, which is validly in existence and which is hereafter destroyed or partially destroyed by fire or the elements, with the same nonconformities and of a like size as existed immediately prior to such destruction, provided that such reconstruction is completed within three years from the date of destruction.
[Amended 1-15-1988 by L.L. No. 1-1988]
A. 
Where a parcel of land contains more than one one-family dwelling or dwelling unit, such parcel shall be deemed to be used for a nonconforming use.
B. 
Where a parcel of land contains more than one one-family dwelling or dwelling unit, any enlargement of a dwelling or dwelling unit on such parcel shall be prohibited unless a variance is obtained from the Board of Appeals, and any expansion or increase in the living quarters space (to wit, floor area used for living quarters, as defined in this chapter) of a dwelling or dwelling unit on such parcel shall be prohibited unless a variance is obtained from the Board of Appeals.
C. 
Where a parcel of land contains one one-family dwelling (to wit: not more than one one-family dwelling or dwelling unit), which dwelling is validly and lawfully in existence as a nonconforming building due to a nonconformity as to dimensional regulations, such dwelling may be reconstructed, altered or added to without the requirement of a variance, provided that the reconstruction, alteration or addition shall not increase the specific nonconformity or nonconformities involved, and provided that all other requirements set forth in this chapter are complied with.
[Amended 5-18-2001 by L.L. No. 4-2001; 10-19-2012 by L.L. No. 5-2012]
[Added 5-18-2001 by L.L. No. 4-2001; amended 10-19-2012 by L.L. No. 5-2012]
A. 
Where a principal building used for a conforming use is validly and lawfully in existence as a nonconforming building due to a nonconformity as to dimensional regulations, such building may be reconstructed, altered or added to without the requirement of a variance, provided that the reconstruction, alteration or addition shall not increase the specific nonconformity or nonconformities involved, and provided that all other requirements set forth in this chapter are complied with.
B. 
Where an accessory building used for a conforming use is validly and lawfully in existence as a nonconforming building due to a nonconformity as to dimensional regulations, such building shall not be reconstructed, altered or added to unless a variance is obtained from the Board of Appeals.
If any building or structure which conforms to the provisions of this chapter is partially destroyed by fire, the elements or otherwise, involuntarily, or is partially demolished, voluntarily, leaving a nonconforming remainder, such remainder shall not be reconstructed, remodeled, altered or repaired, except as to conform to the provisions of this chapter, and no such remainder shall be used for any use or purpose until the same shall be reconstructed or made to conform to the provisions of this chapter.
If any plot of land is subdivided by sale or otherwise, no such subdivision or any building or structure thereon which thereby becomes nonconforming or less conforming to the provisions of this chapter shall be used for any use or purpose until the same shall be made to conform to the provisions of this chapter.
In the interest of substantial justice to owners of single plots of land which, on the effective date of this chapter or of any amendment thereto changing the area or street frontage or width requirements, validly do not contain sufficient area or validly do not have sufficient street frontage or width to comply with the provisions of this chapter in respect to the several residence districts within which such single plots of land are respectively situated, the Zoning Administrator is hereby authorized and directed to grant an application for a building permit:
A. 
Where the plot involved contains at least 3/4 of the minimum area requirement or 3/4 of the minimum street frontage or width requirement in effect at the time of the application and all other requirements of this chapter are complied with.
B. 
Upon submission to the Zoning Administrator of a certificate by an attorney at law or title insurance company licensed by the State of New York establishing that the plot involved is a valid plot which has been in single and separate ownership since prior to the date the plot became nonconforming in area and/or street frontage and/or width and that no owner thereof has owned any contiguous land since such date. Before issuance of said building permit, such certificate shall be approved by the Village Attorney as to form and sufficiency.
A. 
A nonconforming use shall be deemed to have been abandoned:
(1) 
When it is changed to a conforming use.
(2) 
When it has been voluntarily discontinued for a period of three years or when it has not in fact been actually used for a continuous period of three years.
B. 
A nonconforming use that has been abandoned shall not thereafter be reinstated.