Except as otherwise provided herein, the lawfully
permitted use of land or buildings existing at the time of the adoption
of this chapter may be continued, although such use does not conform
to the standards specified for the zone in which such land or building
is located. Said uses shall be deemed "nonconforming uses."
Where no building is involved, the nonconforming
use of land may be continued; provided, however:
A. That no such nonconforming use shall be enlarged or
increased, nor shall it be extended to occupy a greater area of land
than that lawfully occupied by such use at the time of the adoption
of this chapter, unless specifically allowed by other provisions hereof.
B. That no such nonconforming use be moved, in whole
or in part, to any other portion of the lot or parcel of land lawfully
occupied by such nonconforming use at the time of the adoption of
this chapter.
C. That, if such nonconforming use of land or any portion
thereof ceases for any reason for any continuous period of more than
90 days or is changed to a conforming use, any future use of the land
shall be in conformity with the provisions of this chapter.
D. That no nonconforming use of land shall be changed
to another nonconforming use.
[Amended 11-14-2016 by L.L. No. 19-2016, effective
11-23-2016]
A building that is conforming in use but which
does not conform to the height, yard, land coverage, lot area and
dimensions, minimum floor area per family, parking or loading space
requirements of this chapter shall not be considered to be nonconforming
within the meaning of this article. A variance from the Zoning Board
of Appeals shall not be required for an addition to, enlargement or
expansion of any such building unless the proposed alteration increases
or expands the existing nonconformity of the building or creates new
nonconformities.
Nothing in this chapter shall prevent the restoration
of a nonconforming use which is accidentally destroyed, in whole or
in part, by fire, explosion or other cause or prevent the continuance
or resumption of such nonconforming use as it existed at the time
of such damage, but without extension or enlargement of such structure
or use; provided, however, that such restoration shall be limited
to exactly the same location and shall comply with the then prevailing
building and housing codes in effect in the Village; provided, further,
that the work of restoration must be completed within a period of
12 months of such damage or destruction. If restoration is not completed
in full compliance with the foregoing conditions, any structure thereafter
erected or repaired or completed and any use of such structure shall
conform to all the regulations of this chapter for the district in
which it is located.