A.
It is the intent of this chapter that nonconformities
should not be expanded except as indicated herein, that they should
be brought into conformity as quickly as the fair interests of the
parties permit, and that the existence of any present nonconformity
anywhere in the Town shall not in itself be considered grounds for
issuance of a variance for any other use, lot, building, or other
structure. Nothing in this chapter shall be deemed to prohibit ordinary
repair and maintenance of any nonconforming building or other structure
or reconstruction thereof necessitated by fire or other casualty,
or replacement of existing materials, or work ordered by the Zoning
Administrator to protect the public health or safety, provided such
work does not increase the nonconformity.
B.
Except as otherwise provided in this article, any
lawfully permitted use of a structure or land existing on the effective
date of this chapter, or on the effective date of any subsequent amendments
to this chapter, may be continued even though such use does not conform
to the standards or provisions of this chapter. Such uses shall be
deemed nonconforming uses.
C.
Any existing natural or man-made screening of nonconforming
uses or structures shall not be removed or replaced except as permitted
by the Zoning Board of Appeals. Such screening shall be maintained
in a good state of repair.
A.
Where no structure is involved, the lawful nonconforming
use of land may be continued, provided that:
(1)
Such nonconforming use shall not be enlarged or increased,
nor shall it be extended to occupy a greater area of land than occupied
by such use as of the effective date of this chapter or as of the
effective date of any subsequent amendments hereto.
(2)
Such nonconforming use shall not be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use after the date indicated in Subsection A(1) above. If such nonconforming use of land or any portion thereof ceases for any reason for a continuous period of more than 12 months or is changed to a conforming use, any future use of such land shall be in conformity with all provisions of this chapter. In determining whether a nonconforming use has been discontinued, any one of the following items shall constitute prima facie evidence of discontinuance:
(a)
Any positive act indicating intent to discontinue;
(b)
Any conscious failure to take all necessary
steps to resume the nonconforming use with reasonable dispatch in
the circumstances;
(c)
Cessation of the nonconforming use of a lot
and/or structure for 12 consecutive months;
(d)
Substitution of a conforming use.
(3)
Such nonconforming use may be changed to a use that
is similar or less nonconforming.
B.
All nonconforming uses shall conform in all other
respects to the requirements of the zoning districts in which they
are located.
The legally nonconforming use of a structure
may be continued, provided that:
A.
The Zoning Board of Appeals shall hear and decide
applications for a permit for an expansion of a nonconforming use,
subject to the following standards:
(1)
A nonconforming structure may be enlarged or extended
one time only after the date that the structure became nonconforming,
and then to an extent not exceeding 25% of the gross floor area of
the existing structure devoted to such nonconforming use.
(2)
The application to the Zoning Board of Appeals shall
include:
(a)
A plot plan drawn to scale.
(b)
Drawings of existing structures and proposed
enlargements or extensions, including floor plans. Drawings must be
drawn to scale with elevations.
(c)
Dates of any previous enlargements or extensions.
(d)
Other information as required by the Board to
complete its review.
(3)
Site plan approval by the Planning Board shall be
required.
B.
If such nonconforming use of a structure ceases for
any reason for a continuous period of more than one year or is changed
to a conforming use, then any future use of such structure and the
land on which it is located shall be in conformity with all provisions
of this chapter.
C.
If any structure legally nonconforming in use shall
be partially or totally destroyed by fire or any other means, it may
be repaired or reconstructed to the same size and on the same location
or at the location specified for new buildings in the district in
which such use is located. All repairs or reconstruction for such
nonconforming use shall be completed within one year of the date on
which the destruction occurred.
D.
If any structure in which any nonconforming use is conducted or maintained is hereafter removed, except as provided in Subsection C above, the subsequent use of the land on which such building was located and the subsequent use of any structure thereon shall be in conformity with the standards specified by this chapter for the district in which such land or building is located.
E.
Normal maintenance and repair to the structure that
is nonconforming in use shall be permitted.
F.
Structures that are nonconforming in use may be changed
to a conforming use.
G.
Structures that are nonconforming in use may be changed
to a use that is similar or less nonconforming.
H.
All nonconforming uses shall conform in all other
respects to the requirements of the zoning districts in which they
are located.
This section applies to structures which are
conforming in use, but do not conform to the height, yard, building
coverage, parking or other dimensional requirements of this chapter.
No permit shall be issued nor shall any change be made on such structures
or land that will result in any increase of such nonconformity. For
the purpose of this section, structures existing prior to the date
of adoption of this chapter are deemed nonconforming.
A.
Structures on lots located in the R-20,000 District
may be altered and expanded without a variance, despite a failure
to comply with the area, shape, or frontage requirements of the R-20,000
District, provided:
(1)
The structure and the lot were lawfully developed
for and used for single-family or two-family residential purposes
prior to the date of adoption of this chapter; and
(2)
The nonconformity results solely from the adoption
of this chapter (including any preceding zoning law or subsequent
amendments); and
(3)
The nonconformity has not been increased by any act
of the owner or tenant subsequent to the date of adoption of this
chapter; and
(4)
The lot contains at least 10,000 square feet of area;
and
(5)
The development of the lot will maintain a minimum
lot width of not less than 85 feet; a front yard of not less than
30 feet; a side yard of not less than 15 feet; a rear yard of not
less than 30 feet; and a maximum lot coverage of not more than 25%.
B.
A nonconforming lot satisfying Subsection A(1) through (4) above shall be designated an "eligible nonconforming lot." A lot shall remain an eligible nonconforming lot until the occurrence of any of the following events:
(1)
Reduction in the lot's size, or any other increase
in the degree of its nonconformity for any reason, other than the
adoption of a more stringent zoning law;
(2)
Acquisition by the owner, after the date of adoption
of this chapter, of adjoining land which, when added to the original
eligible nonconforming lot, forms one or more lots complying with
the area, shape, and frontage requirements of this chapter. In such
case, no portion of the lot(s) so formed shall thereafter qualify
as an eligible nonconforming lot under this section, unless and until
again made nonconforming by the adoption of a more stringent zoning
law;
(3)
Acquisition by the owner of the lot, after the date
of adoption of this chapter, of adjoining land which, when added to
the original nonconforming lot, reduces its nonconformity, but does
not form a lot complying with the area, shape, and frontage requirements
of this chapter. In such case, a new eligible nonconforming lot shall
be formed which reflects the addition of the adjoining lot.
C.
Nothing herein is intended or shall be construed to
affect any requirement of this chapter with respect to matters other
than the area, shape and frontage of nonconforming lots. An eligible
nonconforming lot shall be required to comply with all other requirements
of this chapter and with all other requirements of the Town, county,
and state regarding the construction of principal and accessory structures.
Any nonconforming building, the construction
of which has been started before the effective date of this article,
and the ground-story framework of which, including the second tier
of beams, has been completed within one year after the adoption of
this article may be completed in accordance with plans on file with
the Building Inspector/Zoning Administrator, provided that such construction
is diligently prosecuted and the building is completed within three
years of the adoption of this chapter or amendment.
A.
The Zoning Board of Appeals shall make any determination
or interpretation as may be required to establish the conformity or
nonconformity of any building, use or sign as set forth in this section.
B.
Change of the use of land or structure to another
nonconforming use may be made to a use of similar or less nonconformity
as determined by the Zoning Board of Appeals. In its decision, the
Zoning Board of Appeals shall use the following criteria:
(1)
A nonconforming use may be changed to another use
within the same district or in a more restrictive district than the
district in which the existing nonconforming use is permitted.
(2)
No change shall adversely affect the public health,
safety and welfare, the character of the neighborhood or property
values in the area of the use.
C.
The applicant must meet the applicable off-street
parking and landscaping requirements.
D.
Site plan approval by the Planning Board shall be
required for changes approved by the Zoning Board of Appeals in this
section.
