Normal maintenance and repair activities, such as painting,
replacing a roof or fixing gutters, shall be permitted. Also permitted
are alterations, such as adding or removing windows, and interior
renovations that do not structurally alter buildings, add living areas
or result in extended or increased nonconforming use of a building,
lot or structure.
Excepting for activities provided for in §
195-63 above and accessory uses, all changes and additions to nonconforming uses shall be considered special uses, and permits for alterations, changes in use or additions shall be granted only after a determination by the Planning Board that the following conditions have been or will be satisfied.
A. There shall be no expansion in the amount of land area outside a
nonconforming facility that is used for storage of materials, supplies
and/or products, excepting with respect to those types of uses outlined
below.
B. Where the nonconforming activity is one which necessarily results
in the storage of large quantities of material, supplies or products
outside (such as a lumberyard), the Planning Board may require dense
evergreen screening sufficient to shield all such materials from the
view of adjacent landowners and/or the traveling public.
C. No addition, change or expansion of a nonconforming use shall further
violate setback and/or height regulations of the district in which
it is located in any material way. Moreover, no change of use shall
be to one of less restrictive classification, as determined by the
Zoning Board. A nonconforming retail enterprise could be converted
to a barbershop, for example, but not to an industrial use.
D. There shall be no increase in the peak amount of stormwater runoff
for the site over what existed as of the date of the enactment of
this chapter. The USDA Natural Resources Conservation Service, a professional
engineer or other appropriate professional may be relied upon to recommend
appropriate measures to control stormwater runoff. Such measures shall
be attached as conditions of approval by the Planning Board.
E. Should the use proposed for expansion or extension be one which is
specifically prohibited as a new use in the Town or is determined
by the Planning Board to be one similar to such a use or of such a
nature as to impose health, safety or welfare concerns which cannot
be satisfied by the imposition of the conditions permitted under this
chapter, the requested expansion or extension shall be denied.
[Amended 3-4-2021 by L.L. No. 2-2021]
If a lot of record which duly existed prior to the adoption
of this chapter or any applicable amendment thereto fails to meet
applicable density, setback or lot size standards as set forth herein,
the lot may be developed with any compatible use listed for the zoning
district in which such nonconforming lot is located, provided that
such lot has sufficient width, depth and area to undertake development
that will meet the minimum yard setbacks and other dimensional requirements
that were effective at the time when the lot of record was created
and that all other provisions of this chapter or other laws or regulations
which may be applicable are met. Lots that preexist zoning are subject
to 1969 zoning setbacks. The provisions of this section shall apply
to any additions on such lots after the date of the adoption of this
Zoning Law or any applicable amendment thereto.