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.
A.
Nonconformity of land use only. Where the nonconforming
use is confined to the land only, such use may be continued. However:
(1)
No such use shall be enlarged or increased,
nor shall it be extended to occupy a greater area of land than that
occupied by such use at the time of the enactment of this chapter.
(2)
No such use shall be moved in whole or in part
to any other portion of the lot occupied by such use at the time of
the enactment of this chapter.
(3)
If such use of land or any portion thereof ceases
for any reason for any continuous period of more than 30 days or is
changed to a conforming use, any future use of the land shall be in
conformity with the provisions of this chapter.
(4)
No such use of land shall be changed to another
nonconforming use.
B.
Nonconformity of building use.
(1)
Where the use of a building does not conform
to the requirements of this chapter, whether or not the use of the
land on which it is situated conforms, it shall not be enlarged or
extended unless the use therein is changed to a conforming use, and
provided that the required off-street parking and loading space requirements
for such building use are met.[1]
(2)
A nonconforming building may be structurally
altered to the extent of not more than 25% of its entire replacement
value at current market costs for construction and type of use. A
nonconforming building may not be structurally altered to an extent
greater than 25% unless such alterations are required by law or are
required to keep a nonconforming building in sound condition. For
purposes of this subsection, the word "altered" shall not include
the enlargement or extension of or an addition to a nonconforming
building.
(3)
No nonconforming use of a building shall be
changed to another nonconforming use, except that upon application
to and with approval of the Zoning Board of Appeals, after public
hearing, it may be changed to any use which the said Board shall find
to be less intensive and more in character with the uses permitted
in the district in which the nonconforming use is located. Once changed
to a use approved by the Zoning Board of Appeals under the provisions
of this section, the former nonconforming use shall be deemed to have
terminated.
(4)
If any nonconforming use of a building ceases
for any reason for a continuous period of more than one year, or is
changed to a conforming use, or if the building in which such use
is conducted or maintained is moved any distance whatever, for any
reason, then any future use of such building or structure shall be
in conformity with the requirements of this chapter for the district
in which such building is located.
(5)
If any building in which any nonconforming use
is conducted or maintained is hereafter removed, the subsequent use
of the land on which such building or structure was located, and the
subsequent use of any building thereon, shall be in conformity with
the requirements of this chapter for the district in which such land
or building is located.
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).
B.
Outdoor storage establishments: § 138-902D(3).
C.
Outdoor sales establishments: § 138-902E(3).
[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.
