[Amended 10-24-1984 by L.L. No. 9-1984; 7-6-1993 by L.L. No. 6-1993]
B.
Nonconforming uses.
(1)
A nonconforming use may be continued but may not be
altered, expanded or enlarged or changed in character, nature or scope.
(2)
A building or site used for a nonconforming use or
on which a nonconforming use is located may be continued but may not
be altered, expanded, enlarged or changed in any manner, unless such
nonconforming use is terminated.
(3)
No additional buildings or structures may be erected
on a site used in whole or in part for a nonconforming use.
(4)
A site on which a nonconforming use is located may
not be reduced in size, or otherwise changed, unless the nonconforming
use is terminated and removed therefrom.
(5)
A nonconforming use shall be deemed to have been abandoned
and terminated where such use is discontinued for a continuous period
of six months or where the owner of the site on which such use is
located files with the Village a certification that such use has been
abandoned and terminated, whichever may first occur. A nonconforming
use which has been abandoned and terminated shall not thereafter be
resumed in any form.
C.
Nonconforming buildings.
(1)
A nonconforming building may not be altered, enlarged,
expanded or otherwise changed, except in a manner which conforms to
the provisions of this Code applicable at the time of such alteration,
enlargement, expansion or change.
(2)
Notwithstanding the provisions of this subsection,
a nonconforming building may be structurally altered or repaired,
provided that the building is not enlarged or expanded thereby, and
further provided that the costs of such alteration or enlargement
do not exceed 25% of the structural value of all buildings on the
site at the time of such alteration and repair.
(3)
Notwithstanding any other provision of this subsection,
a nonconforming building damaged by casualty may be restored within
six months after such damage, but such buildings may not be enlarged
or expanded, provided that such restoration is performed pursuant
to all building codes applicable thereto at the time of restoration.
(4)
Notwithstanding any other provision of this subsection,
the construction or alteration of a deck or patio adjacent and contiguous
to a nonconforming residential building shall not be deemed to be
an addition to, or an enlargement of, said nonconforming building.
Any such deck or patio shall otherwise comply with the requirements
of the Code of the Village of North Hills.
D.
Nonconforming lots.
(1)
No nonconforming lot shall be changed in such manner
that the lot is diminished in size or dimensions.
(2)
No building or structure shall be erected, altered,
enlarged or expanded on a nonconforming lot unless such building or
structure conforms in all respects to the requirements of the Code
of the Village of North Hills.
(3)
Where a nonconforming lot is owned by the same person
or entity as any contiguous parcel of land, the two ownerships shall
be deemed to have merged, and the nonconforming lot shall no longer
be deemed to have any existence independent of said contiguous parcel
of land.
All nonconforming uses may be registered with
the Code Enforcement Officer by the owner or agent within six months
of the effective date of this chapter, for the purpose of preserving
to the owner the right to continue such nonconforming use. Registration
shall not be conclusive as to the validity of a nonconforming use
but shall be prima facie proof thereof.
