Subject to the provisions of §
230-54, the following provisions shall apply to all buildings and uses existing on the effective date of this chapter, which buildings and uses do not conform to the requirements set forth in this chapter, to all buildings and uses that become nonconforming by reason of any subsequent amendment to this chapter and the Zoning Map which is a part thereof and to all conforming buildings housing nonconforming uses:
A. Any nonconforming use, except those nonconforming uses specified in Subsection
E may be continued indefinitely, but:
(1) Shall not be enlarged, extended, reconstructed or
placed on a different portion of the lot or parcel of land occupied
by such uses on the effective date of this chapter, nor shall any
external evidence of such use be increased by any means whatsoever.
[Amended 1-19-1999 by L.L. No. 1-1999; 11-15-1999 by L.L. No. 10-1999]
(2) Shall not be changed to another nonconforming use
without a special permit from the Village Board of Trustees and then
only to a use which, in the opinion of said Board, is of the same
or a more restricted nature.
(3) Shall not be reestablished if such use has been discontinued
for any reason for a period of one year or more or has been changed
to or replaced by a conforming use. Intent to resume a nonconforming
use shall not confer the right to do so.
B. Except as provided in Subsection
D below, no building which houses a nonconforming use shall be:
(1) Structurally altered or enlarged.
(2) Moved to another location where such use would be
nonconforming.
(3) Restored for other than a conforming use after damage
from any cause exceeding 50% of the replacement cost of such building,
exclusive of foundations. Any such building, damaged to a lesser extent
may be restored but not enlarged and the nonconforming use reinstated
within one year of such damage; if the restoration of such building
is not completed within said one-year period, the nonconforming use
of such building shall be deemed to have been discontinued unless
such nonconforming use is carried on without interruption in the undamaged
portion of such building.
C. Normal maintenance and repair, structural alteration
in or moving, reconstruction or enlargement of a building which does
not house a nonconforming use but is nonconforming as to the district
regulations for lot area, lot width, front yard, side yard, rear yard,
maximum height, maximum lot coverage or minimum habitable floor area
per dwelling is permitted if the same does not increase the degree
of or create any new nonconformity with such regulations in such building.
[Amended 1-21-1985 by L.L. No. 1-1985]
D. Nothing in this article shall be deemed to prevent
normal maintenance and repair of any building, the carrying out upon
the issuance of a building permit of major structural alterations
or demolitions necessary in the interest of public safety. In granting
such a permit, the Village Engineer shall state the precise reason
why such alterations were deemed necessary.
E. Each of the nonconforming uses specified below is
deemed sufficiently objectionable, undesirable and out of character
in the district in which such use is located as to depreciate the
value of other property and uses permitted in the district and blight
the proper and orderly development and general welfare of such district
and the Village to the point that each of such nonconforming uses
shall be terminated on or before the expiration of the specified period
of time after November 10, 1960, which period of time as specified
for the purpose of permitting the amortization of the remaining values,
if any, of such use shall be as follows:
(1) In any residence district, any nonconforming use of
open land, including such uses as a parking lot, trailer, junkyard
or open storage yard for materials or equipment, may be continued
for two years after November 10, 1960, provided that on the expiration
of that period such nonconforming use shall be terminated.
(2) In any residence district, any sign not of a type
permitted or of a permitted type but greater than two times the maximum
permitted size may be continued for one year after November 10, 1960,
provided that on the expiration of that period such nonconforming
use shall be terminated.
(3) In any nonresidential district, any sign not of a
type permitted or of a permitted type but greater than two times the
maximum permitted size may be continued for two years after November
10, 1960, provided that on the expiration of that period such nonconforming
use shall be terminated.