A.
Continuation. Any lawful building, structure or use
of premises existing on the effective date of this chapter, or any
subsequent amendment thereto applying to such building, structure
or use of premises, may be continued although such building, structure
or use of premises does not conform to the provisions of this chapter.
B.
Discontinuance. Any building, structure or land used
for or occupied by a nonconforming use which is changed to or replaced
by a conforming use shall not thereafter be used for or occupied by
a nonconforming use.
C.
Abandonment. Whenever a nonconforming use of premises, or any part or portion thereof, has been discontinued for a period of 12 months, such nonconforming use shall not thereafter be reestablished with respect to such building, structure or land or any part or portion thereof, and all future use of such building, structure or land, or part or portion thereof shall be in conformity with the uses permitted in the land use control district in which it is located; except that when nonconforming use discontinuation or abandonment is due to casualty loss from the unforeseeable and/or accidental causes not attributable to intentional actions by the property owner or his/her agents, the right to continue as a nonconforming use with the same or lesser degrees and types of nonconformity shall be extended indefinitely to a repaired or restored structure and use on the premises by rebuilding in compliance with the provisions of § 225-69E. The date of continuance of a nonconforming use is a question of fact to be determined by the Zoning Board of Appeals following a public hearing. Such discontinuance of the active and continuous operation of such nonconforming use, or part or portion thereof, for such period of 12 months is hereby construed and considered to be an abandonment of such nonconforming use, regardless of any reservation of intent not to abandon the same or to resume active operations. If actual abandonment in fact is evidenced by the removal of buildings, structures, machinery, equipment or other evidence of such nonconforming use of the premises, the abandonment may be construed and found to be completed within a period of less than 12 months, and upon such finding all rights to reestablish or continue such nonconforming use shall thereupon terminate.
[Amended 12-13-2004 by L.L. No. 3-2004]
D.
Extension or expansion. A nonconforming building or structure may not be extended in area or intensity and the nonconforming use of premises may not be expanded to other buildings, structures or land not already devoted to such use except by means of a variance granted by the Zoning Board of Appeals pursuant to the provisions of Article XVI of this chapter.
(1)
No variance permitting the extension or expansion
of a nonconforming use of premises shall be granted by the Zoning
Board of Appeals unless the regulations, other than those regulations
pertaining to the use of the premises, of this chapter for the district
in which said nonconforming use of premises is located can be substantially
complied with or unless the Zoning Board of Appeals determines that
unnecessary hardship exists.
(2)
However, in a Residential A-1 and Residential A-2
District, any nonconforming building or structure existing on the
effective date of this chapter or any subsequent amendment thereto
applying to such building or structure may be extended to land not
already devoted to such use if such building or structure as extended
complies with the provisions of the Density Control Schedule[1] and other pertinent bulk regulations of this chapter,
except such provisions for minimum lot area and minimum lot width,
which are in effect on the date of an application for such extension.
[1]
Editor's Note: The Density Control Schedule is included at the end of this chapter.
E.
Restoration and repair. A nonconforming building, structure, or use of premises, or part thereof, which is damaged or destroyed or falls into disrepair may be repaired or restored to a safe and sanitary condition; provided, however, that no nonconforming building or structure damaged by fire or other cause to the extent of more than 50% of its value shall be repaired or rebuilt except in conformity with the regulations set forth in Chapter 76 and in a timely manner. A property owner whose building or structure has been determined to be abandoned must obtain a building permit within 18 months of the date of abandonment and receive a certificate of occupancy no later than 36 months after the date of abandonment in order to extend the permitted nonconforming status enjoyed by the damaged, destroyed or dilapidated structure, of this chapter. For purposes of this subsection, value shall be determined by evidence of value as stated by an appraiser who is a member of the American Institute of Real Estate Appraisers (MAI) or an architect or engineer licensed by the State of New York and presented by the owner and/or applicant to the Code Enforcement Officer. Such evidence shall be subject to review and rebuttal by the Code Enforcement Officer.
[Amended 12-13-2004 by L.L. No. 3-2004]
F.
Changes. A nonconforming use of premises may be changed
to another nonconforming use of premises only by variance granted
by the Zoning Board of Appeals.
G.
Buildings under construction. Any building or structure
for which construction was begun prior to the effective date of this
chapter, or any subsequent amendment thereof applying thereto, may
be completed and used in accordance with the plans and specifications
for said building or structure; provided, however, that no building,
structure or use of premises existing or under construction at the
effective date of this chapter which would have been unlawful under
the laws, ordinances, rules and regulations of the Village in effect
on the date of enactment of this chapter shall be deemed a nonconforming
building, structure or use of premises.
[Added 12-23-2015 by L.L.
No. 4-2015]
Notwithstanding any other provision of this chapter, those uses
that were legally operating as hotels, lodging, or bed-and-breakfast
homestays as of December 31, 2015, shall be entitled to continue,
if and to the extent that they meet, where applicable, the following
additional requirements:
A.
A legally existing hotel or lodging existing as of December 31, 2015,
may, in lieu of having on-site supervisory management at all times,
register with the Code Enforcement Officer an acceptable written legally
binding management agreement with a professional hotel or lodging
management company; and
A.
General. Any lot held in single and separate ownership
prior to the adoption of this chapter and whose area, width or depth,
or combination thereof, is less than the specified minimum lot requirements
of this chapter for the district in which said lot is located may
be considered as complying with such minimum lot requirements and
no variance shall be required, provided that:
(1)
Such lot does not adjoin any other lot or lots held
by the same owner whose aggregate area is equal to or greater than
the minimum lot area required for that district;
(2)
Such lot has an area of at least 5,000 square feet
and a minimum width of at least 50 feet at the required setback line
if it is to be used for residential purposes;
(3)
The following minimum yard dimensions are maintained
for residential uses, provided that in no case need these minimum
yard dimensions exceed those required for the district in which located:
(a)
Front yards: 15% of lot depth but not less than
25 feet, provided that if the average setback of existing buildings
fronting on the same street as the proposed structure and located
on lots adjoining the subject property is less than 25 feet, then
the setback required of the subject property shall be such average
setback, but in no case shall the setback from the street right-of-way
line be less than 10 feet.
(b)
Side yards: each 20% of lot width but not less
than eight feet.
(c)
Rear yards: 20% of lot depth but not less than
25 feet.
(4)
All other bulk requirements for that district are
complied with.
B.
Use of existing undersized lot. In a Residential A
or Residential B District, existing undersized nonconforming lots
may be used for not more than one single-family dwelling.
C.
Subdivision of existing undersized lot. An undersized
nonconforming lot may be subdivided only if each and every subdivision
of such lot is purchased by the owner or owners of the adjoining properties
to increase the size of said adjacent property or properties.
