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.
A.
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.
B.
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.
C.
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.
[Added 12-11-1990 by L.L. No. 14-1990]
D.
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.
A.
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:
B.
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.
C.
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.
[Amended 7-26-1994 by L.L. No. 9-1994]
D.
"Permitted extension or enlargement" shall mean:
(1)
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.
(2)
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.
E.
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.[1]
F.
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.
G.
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.
H.
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.
I.
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.[2]
[2]
Editor's Note: Former Article XI, Architectural
Review Board, which immediately followed this section, as amended
1-28-1986 by L.L. No. 1-1986, was repealed 2-8-1994 by L.L. No. 3-1994.
