[Amended 5-15-1978 by L.L. No. 3-1978]
The following provisions shall apply to all
buildings and uses existing on the effective date of this chapter
which do not conform to the requirements set forth in this chapter
and to all buildings and uses that become nonconforming by reason
of any subsequent amendment to this chapter.
A.
Nonconforming buildings and nonconforming uses. Any
nonconforming use of buildings or open land existing at the time of
adoption of the original ordinance on December 3, 1930, may be continued
indefinitely but shall not be:
(1)
Enlarged, altered, extended, reconstructed or restored, except as provided in Subsection A(5), or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever.
(2)
Moved to another location where such use would be
nonconforming.
(3)
Changed to another nonconforming use without approval
by the Board of Appeals, and then only to a use which, in the opinion
of the Board of Appeals, is of the same or of a more restricted nature.
(4)
Reestablished if such use has been discontinued for
any reason for a period of one year or more or has been changed to
or replaced by a conforming use. Intent to resume a nonconforming
use shall not confer the right to do so.
(5)
Restored for other than a conforming use after damage
for any reason exceeding 50% of its appraised value or its bulk. If
the restoration of a building whose damage does not exceed 15% of
its appraised value or bulk is not completed within a one-year period,
the nonconforming use of such building shall be deemed to have been
discontinued.
B.
Rebuilding of damaged structures; permit required.
(1)
Upon the filing of an application for a building permit
to rebuild any such structure or any portion thereof, the Board of
Trustees shall appoint three competent appraisers to determine the
extent of the damage and the appraised value, and the determination
thereof by the Board of Trustees shall be conclusive.
(2)
In the event that the Board of Trustees can determine
that the said premises have not been destroyed or damaged in excess
of 50% of the value, as aforesaid, the said Board of Trustees may
by order waive the requirement of the appointment of three appraisers
and the payment of the fee as hereinafter provided.
(3)
All applications for a building permit to rebuild
a damaged structure shall be accompanied by a fee in the amount as
shall be prescribed from time to time by the Board of Trustees.
[Amended 5-5-1981 by L.L. No. 2-1981; 7-7-1987 by L.L. No. 12-1987; 12-16-2003 by L.L. No. 17-2003]
(4)
Failure to apply for a building permit within six
months from the date upon which the damage occurs shall be deemed
an abandonment of such structure.
Nothing in this article shall be deemed to prevent
normal maintenance and repair, structural alteration in or the reconstruction
or enlargement of a noncomplying building, provided that such action
does not increase the degree of or create any new noncompliance with
regard to the regulations pertaining to such buildings.
[Amended 10-21-2003 by L.L. No. 15-2003]
Whenever there is a subdivision of land, all
nonconforming uses and structures, whether the nonconformity relates
to the size or location of a structure, its use, or the number of
multiple residences within one or more buildings on one lot, or otherwise,
shall be eliminated as a condition of the subdivision. Any hardship
or difficulty which may have existed and served as the basis for continuing
the nonconformity shall be deemed to have substantially diminished,
and to have been compensated for by the granting of the subdivision
and the benefits which derive therefrom to the owner, and knowingly
waived by the owner when it chose, at its exclusive option, to apply
for the subdivision. The foregoing shall not preclude an applicant
from seeking a variance from this section from the Village's Board
of Appeals.
