Any and all buildings which lawfully existed
or are permitted as nonconforming buildings at the time of the enactment
of this chapter, and any and all uses of premises which lawfully existed
or were permitted as nonconforming uses at the time of the enactment
of this chapter, and which such buildings or uses are expressly or
impliedly no longer permitted, may be continued except as otherwise
provided herein.
[Amended 5-11-2020 by L.L. No. 4-2020]
A. A building
that is conforming in use, but does not conform to the size, area,
setback, parking or other requirement of this chapter may not be altered
in any manner that will result in an increase of such nonconformity.
B. A lot
containing a building that does not conform to the use requirements
or the size, area, setback, parking or other requirement of this chapter
may not be reduced in size unless the building or use thereon is brought
into compliance with this chapter.
If any nonconforming building or building housing
a nonconforming use, except a single-family dwelling, is destroyed
by any means to an extent greater than 50% of its entire replacement
value at current market costs for construction and type of use, no
repairs or reconstruction shall be made unless every portion of such
building is made to conform to all the regulations of this chapter
for the district in which it is located. Where the destruction of
such nonconforming building or building housing a nonconforming use
is less than 50% of such replacement value, or where the destruction
is of a single-family dwelling regardless of the percent destroyed,
it may be restored and the nonconforming use continued, provided that
the nonconformity is not enlarged, expanded or intensified, and further
provided that such restoration is started within a period of six months
of such destruction and is diligently prosecuted to completion. Nothing
in this chapter shall prevent the strengthening or restoring to a
safe condition of any structural member of a building declared to
be unsafe by the Building Inspector.
In addition to other remedies provided by law,
any violation of the provisions of this chapter will result in automatic
termination of the right to continue the nonconforming use.
In order that nonconforming uses may gradually
be brought into greater conformity with the requirements of this chapter
and the adverse external effects of such nonconforming uses may be
reduced, the Building Inspector shall, on a continuing basis, review
each nonconforming use and propose to the Planning Board plans whereby,
through landscaped screening and buffer areas; through control of
noise, smoke, odors, dust or lighting; through minor architectural
changes; through changes in the location and layout of parking areas
and access drives; or through other appropriate means, such purposes
may be achieved. Such accepted plans shall be presented to the owners
of the properties where the nonconforming uses are located. In the
interest of promoting better community development, such owners shall
be encouraged to voluntarily bring such use into compliance with all
or part of such plans.
Motor vehicle repair shops, outdoor storage
establishments and outdoor sales establishments existing as nonconforming
uses in any district are considered to be especially detrimental to
thecharacter of the neighborhood and to adversely affect property
values therein. Accordingly, any such shop or establishment existing
as a nonconforming use shall, in addition to all other applicable
requirements of this Code, fully comply with the following requirements
of this chapter not later than one year after the date of enactment
thereof:
A. Motor vehicle repair shops: § 138-902C(5).
[Added 9-10-2007 by L.L. No. 9-2007]
The Zoning Board of Appeals may, after public
hearing on the written verified application of the owner of property
claiming a legal nonconforming use thereon, confirm such use by determining
that such use is, in fact, a legal nonconforming use or structure.
A. Evidence to accompany application to determine legal
nonconforming use. Every application under this section shall state,
and be accompanied by a sworn affidavit or affidavits stating, the
evidentiary facts claimed to establish such use as a legal nonconforming
use or such structure as a legal nonconforming structure and shall
be filed in duplicate with the Zoning Board of Appeals. The Zoning
Board of Appeals may, in its discretion, require the production of
additional evidence and make whatever independent investigation it
may deem necessary.
B. Confirmation or denial of legal nonconforming use.
The Zoning Board of Appeals, upon the evidence submitted to and obtained
by it, shall make and file with the Village Clerk a written determination
confirming or denying that such use is a legal nonconforming use or
that such structure is a legal nonconforming structure and stating
the facts which it finds to be established by such evidence, the basis
of such findings and the conclusions it has drawn from such findings.
C. Issuance or denial of certificate of occupancy.
(1)
Upon confirmation by the Zoning Board of Appeals
of any legal nonconforming use or structure pursuant to this section,
the Enforcement Officer shall issue to the applicant a certificate
of occupancy with an endorsement thereon specifying the legal nonconforming
use and/or structure so confirmed, and such certificate shall constitute
presumptive evidence that such use or structure is a legal nonconforming
use or structure in any action or proceeding brought to enforce this
chapter.
(2)
Every nonconforming use or structure for which
a certificate of occupancy has not been issued, as provided in this
section, shall presumptively be an illegal nonconforming use or structure
for the purpose of any application to or proceeding before any officer
or Board of the Village of Sea Cliff.
D. Effect of section. Nothing in this article shall be
deemed to make legal or to permit the confirmation of any nonconforming
use or structure which is not a legal nonconforming use or structure
or to invalidate the use of or require the confirmation of the use
of any land, building or structure for which a valid certificate of
occupancy has been issued prior to and is in effect on the effective
date of this article.