Hamilton Village City Zoning Code
ARTICLE XI
Nonconforming Uses and Structures
§ 174-64 Continuation.
Any nonconforming use, building or structure which existed lawfully on the effective date of this chapter may be continued, subject to the regulations which follow in this article.
§ 174-65 Registry.
The Enforcement Official, in consultation with the Planning Board, shall compile a registry of all nonconforming uses, buildings or structures within six months of the effective date of this chapter and shall thereafter keep the same current.
§ 174-66 Discontinuance of use.
A nonconforming use which is discontinued for a total of 365 consecutive days shall not be reestablished except in conformity with these regulations, and any subsequent use shall conform to the use regulations of this chapter.
§ 174-67 Removal.
If any nonconforming building is hereafter removed, it shall have lost its nonconforming status, and any subsequent building shall conform to the district regulations.
§ 174-68 Change of use; change of ownership.
[Amended 5-16-2023 by L.L. No. 2-2023]
A.
A nonconforming use of a building or land may not be changed except to a conforming use; when so changed, the nonconforming use may not be resumed.
B.
Except as otherwise provided in this chapter, a nonconforming use of a building or land may continue with change of ownership.
§ 174-69 Extensions or enlargements.
A.
A nonconforming use of land shall not be enlarged or extended beyond the area occupied by such use on the effective date of this chapter.
B.
A nonconforming use may be extended throughout any part of a building designed for such use if, on the effective date of this chapter, at least 51% of the gross floor area of the building was used for such nonconforming use.
C.
A nonconforming building, which is nonconforming as to bulk or all or substantially all of which is designed for a use not permitted in the district in which it is located, shall not be enlarged, unless such nonconforming building and the use thereof is made to conform to the district regulations.
§ 174-70 Nonconforming short-term rental uses.
[Added 5-16-2023 by L.L. No. 2-2023; 12-17-2024 by L.L. No. 5-2024]
A.
Proof of registration to pay the Madison County bed tax and proof of receipt of rental income prior to February 1, 2022, shall be deemed prima facie, but rebuttable, evidence that a commercial short-term rental use, a tourist home, bed-and-breakfast or rooming house constitutes a legal nonconforming use.
B.
The status of any commercial short-term rental use as a legal nonconforming use in the R District shall terminate upon the sale or transfer of title to the premises, and thereafter the use of said premises shall be in accordance with the regulations set forth in this chapter.
§ 174-71 Construction previously started.
Any building for which a permit has been lawfully granted and on which construction has been started and continued before the effective date of this chapter may be completed.