[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:
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.
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.
