Village of Prospect Zoning Law - Article V

ARTICLE V - NONCONFORMITIES

Section 21 - Continuation

Any nonconforming use, building, or structure which existed lawfully at the time of enactment of this law may be continued, subject to the regulations which follow in this article.

Section 22 - Identification

All nonconforming uses in existence at the time of the adoption of this law shall be identified and registered with the Enforcement Officer by the owner/agent within six months of the date of adoption of this law. This record shall be updated periodically by the Enforcement Officer.

Section 23 - Nonconforming Buildings

No structural alterations shall be made to any nonconforming building in any manner that would increase the nonconformity, provided, however, that such maintenance and repair as are necessary to keep a nonconforming building or structure in sound condition shall be permitted. A non­conforming building destroyed or damaged by fire, wind, explosion, structural failure, or other natural cause may be repaired or rebuilt.

Section 24 - Nonconforming Use of Land

The nonconforming use of land shall not be enlarged or extended beyond the area of land occupied by such use at the time of adoption of this law. A nonconforming use of land may not be moved in whole or in part to any other portion of the lot or parcel of land occupied by such non­conforming use at the time of adoption of this law. A nonconforming use of land shall not be changed to another nonconforming use. If a nonconforming use of land is discontinued for a period of twelve consecutive months, it shall not be renewed, and any subsequent use of the land shall conform to the regulations of the district in which the land is located.

Section 25 - Nonconforming Use of Buildings

A.     Changes. A nonconforming use of a building may not be changed except to a conforming use. When so changed, the nonconforming use may not be resumed thereafter.

B.     Discontinuance. A nonconforming use of a building or structure, or a portion thereof, which is discontinued for a period of twelve consecutive months, shall not be reestablished, and any subsequent use shall conform to the use regulations of the district in which the premises are located. A use shall be deemed to have been discontinued under any of the following conditions:

1.      Vacancy of a nonconforming use or building, or discontinuance of such nonconforming use, for a period of twelve consecutive months.

2.      Manifestation of a clear intent on the part of the owner to abandon the nonconforming use.

C.     Extension. A nonconforming use may not be extended to any other part of such building.

D.     Restoration. A building devoted to a nonconforming use destroyed or damaged by fire, wind, explosion, structural failure, or other natural cause may be repaired or rebuilt.

E.      Removal. If any building in which a nonconforming use is conducted is hereafter removed, the subsequent use of the land on which such building was located and the subsequent use of any building erected then shall conform with the regulations of the dist­rict in which it is located.

F.      Validity of Intent. Any building for which a permit has been lawfully granted, and on which the construction has been started and diligently prosecuted before the effective date of this law, may be completed.