Boonville Village City Zoning Code
ARTICLE IX
Nonconformities
[Amended 7-10-1995 by L.L. No. 2-1995[1]; 8-10-1998 by Ord. No. 2-1998]
[1]
Editor's Note: This local law passed at permissive referendum 10-9-1995.
§ 380-54 Intent.
The intent of this article is to recognize lots, structures and uses of land and structures which legally existed prior to the enactment or subsequent amendment of this chapter which would be prohibited or unreasonably restricted by the requirements herein. All rights of nonconformity shall continue regardless of the transfer of ownership of nonconforming lots, structures or uses.
§ 380-55 Nonconforming lots.
Any lot held under separate ownership prior to the enactment or amendment of this chapter, and having a width, depth or area less than the minimum requirements set forth in this chapter, may be developed for any use allowed in the zone in which it is located as designated in Article IV of this chapter, except as otherwise prohibited by this chapter, provided that such lot has sufficient width, depth and area to undertake development which will maintain the required minimum front yard, side and rear yards, and not exceed the maximum permitted lot coverage.
§ 380-56 Nonconforming structures.
No structure which by the enactment or amendment of this chapter is made nonconforming or placed in a nonconforming situation with regard to yard sizes, lot coverage, height or any requirement of this chapter, other than the use to which it is put, shall be changed so as to increase its nonconformity. If a structure is nonconforming as to use, see § 380-57 below. Any such nonconforming structure may be used for any compatible use listed for the zone in which it is located as designated in Article IV of this chapter.
§ 380-57 Nonconforming uses of land or structures.
Any use of land or structures which by the enactment or amendment of this chapter is made nonconforming may be continued on the premises and to the extent preexisting, provided that:
A.
No nonconforming use other than single- and two-family dwellings shall be increased in size so as to occupy a greater area of land or floor area than was committed to the nonconforming use at the time of such enactment or amendment;
B.
No nonconforming use of any kind within the Wellhead Protection Overlay Zone shall be increased in size so as to occupy a greater area of land or floor area than was committed to the nonconforming use at the time of such enactment or amendment;
C.
A site plan review shall be required for any alteration or reconstruction which is on the premises of a nonconforming multifamily residential or nonresidential use;
D.
A site plan review shall be required for any alteration or reconstruction which is on the premises of a nonconforming use of any land within a Wellhead Protection Overlay Zone; and
E.
No nonconforming use which has for any reason been discontinued for a period of one year or more shall be reestablished.
§ 380-58 Nonconforming structures damaged or destroyed.
Any structure which is nonconforming as to use, yard sizes, lot coverage, height or any other requirement of this chapter, which is damaged or destroyed by fire or other hazard, may be repaired, restored or reconstructed, provided that such work is undertaken within one year of the date on which the damage or destruction occurred. No such work shall increase the nonconformity of the structure.