§ 255-52Buildings, structures or lots
with noncomplying bulk.
§ 255-53Additional considerations.
This Article applies to lots, buildings, structures and nonbuilding uses in existence on the effective date of this chapter. The lawful use of any such premises or uses existing on the effective date of this chapter may be continued although neither such use conforms nor the bulk of the same complies with the requirements, except as hereinafter follows.
Normal maintenance and repair, structural alteration in or reconstruction or enlargement of a building or structure with noncomplying bulk is permitted if the same does not increase the degree of or create any new noncomplying bulk in such building or structure.
Two or more adjoining noncomplying subdivision lots, regardless of ownership, in a subdivision approved by the Planning Board shall have three years from the date of filing with the office of the County Clerk to obtain a building permit. Any noncomplying lot in a subdivision approved by the Planning Board and filed with the office of the County Clerk more than three years prior to the effective date of this chapter and in the same ownership shall not be eligible to receive a building permit. Said subdivision or part thereof shall be resubmitted to the Planning Board for approval in accordance with the applicable provisions of this chapter. Any lot in a subdivision approved by the Planning Board after the effective date of this chapter, but which is made noncomplying as to bulk by any future amendments of this chapter, shall have three years from the date of filing to obtain a building permit.
Lot line merger provision. Any two or more nonconforming adjacent lots in common ownership on the effective date of this subsection shall be deemed merged, and no building permit shall be issued on any said lot or lots, unless a lot line disclaimer is duly filed and said lots are treated as one to the extent of necessary to reduce the degree of the nonconformity. In no event shall any portion of said lot be permitted to remain unmerged when, to do so, will continue the existence of a nonconforming lot.
A lot shall not be considered noncomplying with respect to the front setback or front yard requirements of this chapter if said condition is the result of a street right-of-way widening reservation or dedication, whether in fee or easement, required by the Planning Board at the time of subdivision or site development plan approval.
Repair and alterations. Normal maintenance and repair of a building or structure is permitted if it does not extend the nonconforming use. No extension, alteration or enlargement shall be made in a building or structure occupied by a nonconforming use, nor in a nonconforming nonbuilding use except:
When required pursuant to an order of a court of competent jurisdiction.
To adapt the building or structure to a conforming use.
Change of use. Any nonconforming use may be changed to any conforming use or, on application to and with the approval of the Board of Appeals, to any use which the Board of Appeals deems to be more similar in character with the uses permitted in the district in which said change of use is proposed. Any nonconforming building, structure or nonbuilding use may be changed to a conforming use, regardless of whether the newly created conforming use is noncomplying as to bulk, subject to approval by the Board of Appeals, subject to the same general considerations applicable to the granting of special permits and subject to site development plan approval.
Cessation of use. If active and continuous operations are not carried on in a nonconforming use during a continuous period of six months, the building or land where such nonconforming use previously existed shall thereafter be occupied and used only for a conforming use. Intent to resume active operations shall not affect the foregoing. The time period set forth herein shall be tolled for any cessation of use pursuant to a court order.
"Permitted extension or enlargement" shall mean:
In the case of a nonconforming use in a building: the enlargement or extension of such use so as to create additional floor area within any existing building to any portion of the floor area therein not formerly used for such nonconforming use, except where such additional floor area was manifestly designed for such use at the time such use became nonconforming.
In the case of a nonconforming nonbuilding use: the use of any additional land on which no substantial operations were previously conducted, provided that any such extension or enlargement is on the same lot occupied by the nonconforming use on the effective date of this chapter and subject to site development plan approval.
Damage and destruction. A building or structure occupied by a nonconforming use or noncomplying as to bulk, damaged by fire or other causes to the extent of 50% of the last full value as shown in the records located in the Village Assessor's office, excluding the assessed valuation of the land thereof, shall not be repaired or rebuilt except in conformity with the requirements of this chapter. Any building, structure or any part thereof occupied by a nonconforming use or noncomplying as to bulk, which is damaged to an extent less than 50% of the last full value as shown in the records located in the Village Assessor's office, excluding the assessed valuation of the land, may be repaired, provided that a building permit is obtained within one year after such damage; otherwise such building, structure or part thereof shall thereafter be occupied only by a conforming use and shall comply with the bulk requirements of this chapter.
Nonconforming open-storage yards, outdoor display or junkyards. Any nonconforming open-storage yard or any outdoor display or storage of merchandise or any junkyard which is nonconforming may be continued for one year after the effective date of this chapter.
Nonconforming industrial uses. In any residential district, any nonconforming industrial use may be continued for three years after the effective date of this chapter or 10 years after the initial establishment of such use or an addition thereto that adds 50% or more to the real value of such use, whichever is the longer period, provided that after the expiration of that period such nonconforming use shall then be terminated.
Modification by Board of Appeals. If an application is made at least six months before the expiration of the period prescribed for termination of a nonconforming use or noncomplying bulk and the Board of Appeals shall find that the period prescribed is unreasonable or inadequate for the amortization of the special value of the property resulting from such nonconforming use or noncomplying bulk, then the Board of Appeals may grant such an extension of the period prescribed as it shall deem to be reasonable and adequate for such amortization, provided that no such period of extension shall exceed 100% of the period prescribed and that such extension may be granted only once for any use.
Continued use after termination date is a violation. The continuation of a nonconforming use or noncomplying bulk after the termination date fixed for the same shall constitute a violation of this chapter.