Nothing in this chapter shall require any change in the plans,
construction or designated use of any land, building or other structure
for which a permit or certificate of occupancy shall have been issued
pursuant to law or ordinance, provided that construction shall be
promptly and diligently performed. Such issued permit or certificate
authorizing plans, construction or a designated use which does not
conform to this chapter or any amendment hereof shall become null
and void within a period of one year from the effective date of this
chapter or any such amendment, unless the construction authorized
thereby shall be completed and the activity authorized thereby shall
be accomplished. The Zoning Board of Appeals may grant one extension
of such period for an additional period not to exceed one year after
public hearing for good cause shown.
No lot or land shall be subdivided or transferred so as to make
a lot nonconforming or more nonconforming or to make any building,
other structure or use nonconforming or more nonconforming.
Any use of land, buildings and other structures lawfully existing
on the effective date of this chapter or any amendment hereto which
does not conform to one or more of the provisions of this chapter
may be continued in accordance with the following provisions:
A. No nonconforming use, building or structure shall be enlarged and
no nonconforming use of land, buildings or other structures shall
be extended to include any land, building or other structure or portion
thereof which is not subject to such nonconformity. Any nonconforming
use of a building or other structure or portion thereof, however,
may be extended to include any portion of the building or structure
manifestly designed for such use.
B. No nonconforming use, building or other structure, if once changed
to conform to this chapter, shall thereafter be changed so as to be
nonconforming again.
C. No nonconforming use of land, buildings and other structures shall
be changed to another use unless such new use is substantially the
same in nature and purpose as the original nonconforming use or is
a conforming use.
D. No nonconforming use of land, buildings and other structures which
shall have been willfully abandoned shall thereafter be resumed. No
nonconforming use of land, buildings or other structures which shall
have either ceased or been discontinued for a continuous period of
one year or more shall thereafter be resumed.
E. No nonconforming building or structure, no nonconforming portion
of a building or structure and no building or structure containing
a nonconforming use shall be reconstructed or restored after damage
by fire or other casualty when the extent of the damage is greater
than 50% of the building or structure. The provisions of this subsection
shall not prevent the reconstruction or restoration of any such building
or structure damaged by fire or other casualty when the extent of
the damage is 50% or less of the building or structure, provided that
such reconstruction or restoration shall be completed within a period
of 12 months from the fire or other casualty.
F. Except in the event of fire or other casualty as provided in Subsection
E, nothing in this section shall be deemed to prohibit work on any nonconforming building or structure when required by law to protect public health or safety and when ordered by the Village Code Enforcement Officer, provided that such work does not increase the nonconformity. Nothing in this section shall be deemed to prohibit work on ordinary repair and maintenance of a nonconforming building or structure or replacement of existing materials.
G. No change of title, possession or right of possession shall be deemed
to affect the right to continue a nonconforming use, building or other
structure.
H. Nothing in this section shall be deemed to prohibit the elimination
or reduction of nonconformity of a use, building or other structure
with respect to minimum floor area for a dwelling, to off-street parking
and loading spaces, landscaping, outside display and storage and performance
standards, provided that all other requirements of this chapter are
met.
I. Nonconforming lot. Nothing in this chapter shall prevent the construction, enlargement, extension or structural alteration of a building or other structure on or the use of a lot, as defined in §
263-3, which does not conform to the area, shape and frontage requirements of this chapter, provided that such use, building or other structure conforms to all other requirements of this chapter and that such nonconforming lot has access on a street.
Notwithstanding the provisions of §
263-24C, the Village of Brewster Board of Trustees may grant a special exception use permit to change a nonconforming use to another nonconforming use if it shall find that the new use will more nearly conform to the provisions of this chapter, that the new use will have a lesser impact upon the surrounding neighborhood and that the new use will not impair the eventual elimination of a nonconforming use on the premises.