A. Alternate Method of Legal Nonconforming Use and/or Legal Nonconforming Building or Structure. This section affords potential relief to property owners who can establish a Nonconforming Use and/or Building or Structure preexisted without interruption for a continuous period of 10 years or more prior to January 1, 2010, that would otherwise require some area and/or Use Variance from the requirements under the applicable zoning regulation. Upon the satisfaction to the Building Zoning Administrator under the requirements of this section, the Use, Building, or Structure may be deemed lawfully Nonconforming.

(1) Eligibility. To be eligible for such determination, all of the following standards must be strictly satisfied through the building permit process.

(a) The Use, Building, or Structure is occupied as a Single- or Two-Family Dwelling;
(b) No Building Permit has been issued for a complying Use;
(c) The Building or Structure must be preexisting and have been issued a lawful Building Permit or other substantive documentation from the Village or any other bona fide documentation as to the existence of the Use and/or Building or Structure preexisting without interruption for a continuous period of 10 years or more prior to January 1, 2010.
(d) Such documentation shall include tax records showing said Use and/or the Use and/or structure preexisting without interruption for 10 years or more prior to January 1, 2010.
(e) The Use, Building, or Structure has not been the subject of code enforcement action, which shall include a Notice of Violation.

(2) Other Compliance. An applicant must nevertheless comply with the applicable requirements of the New York Fire Prevention and Building Code and Multiple Residence Law through the Building Permit process.
(3) Certificate of Occupancy. A successful applicant must obtain the required Certificate of Occupancy within two years of the issuance of a Building Permit or forfeit his or her eligibility under this section.