[Amended 11-21-2000; 11-10-2020 by L.L. No. 4-2020]
Except as otherwise provided in this chapter,
the lawful use of land existing at the time of adoption of this chapter
or its predecessor may be continued although such use does not conform
to the regulations specified by this chapter for the district in which
such land is located; provided, however, that no such nonconforming
use shall be extended to occupy a greater area of land than that occupied
by such use at the time of the adoption of this chapter, nor shall
any such nonconforming use 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 the adoption of this chapter or its predecessor;
provided, further, that if any such nonconforming use of land ceases
for any reason for any continuous period of one year or more, any
subsequent use of such land shall be in conformity with the regulations
specified by this chapter for the district in which such land is located.
[Amended 11-21-2000; 11-10-2020 by L.L. No. 4-2020]
Except as otherwise provided in this chapter, the lawful use of a building existing at the time of the adoption of this chapter or its predecessor or a structure as provided for in § 307-96 of this chapter, although such use does not conform to the regulations specified by this chapter for the district in which such building is located, may be continued.
[Amended 11-10-2020 by L.L. No. 4-2020]
If any nonconforming use of a building ceases
for any reason for a continuous period of one year or more or if the
building in or on which such use is conducted or maintained is moved
for any distance, then any future use of such building shall be in
conformity with the regulation specified by this chapter for the district
in which such building is located. If any building in or on which
any nonconforming use is conducted or maintained is hereafter removed,
the subsequent location and use of any building thereon shall be in
conformity with the regulations specified by this chapter for the
district in which such land is located.
[Amended 11-10-2020 by L.L. No. 4-2020]
No existing building designed, arranged or intended
for or devoted to a use not permitted under the regulations specified
by this chapter for the district in which such building is located
shall be enlarged, extended, reconstructed, structurally altered or
moved unless such use is changed to a use permitted under the regulations
specified by this chapter for the district in which said building
is located; provided, however, that work may be done on ordinary repairs
or on repairs or replacements of nonbearing walls, fixtures, wiring
or plumbing.
[Amended 2-14-1995; 11-10-2020 by L.L. No. 4-2020]
A dimensionally nonconforming structure containing
a conforming use may be enlarged, extended, reconstructed or restored
as of right subject to the property owner obtaining all necessary
permits, provided that such action would not increase the degree of
any existing dimensional nonconformity nor create any new nonconformity
with respect to the requirements set forth in this chapter. This provision
only applies to residential uses.
[Added 11-18-2003]
The storage of goods or equipment in trailers,
box trailers or similar vehicles, registered or unregistered, where
not permitted by this chapter shall conform to the regulations of
the zoning district in which it is located or shall be removed within
one year of the effective date of this amendment.
[Added 1-27-2010 by L.L. No. 1-2010]
A.
PORTABLE ON-DEMAND STORAGE STRUCTURES
(1)
(2)
(3)
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
Temporary, transportable storage units designed and used primarily
for temporary storage of building materials, household goods, personal
items and other materials for use on a limited basis on residential
property.
Accessory structures, such as sheds and liquid or gas containers,
complying with all building codes and land use requirements, are not
considered portable on-demand storage structures.
Any portable on-demand structure greater than 10 cubic yards
is subject to these regulations. Portable on-demand units greater
than eight feet in height, eight feet feet in width or 16 feet in
length (37.92 cubic yards) are strictly prohibited.
B.
Permit
required; application; fee. Before placing a portable on-demand unit
on his or her property, a property owner or tenant must submit an
application and receive a permit from the Town. An insurance certificate
providing liability insurance in the amount of $100,000, provided
by the third party supplying the portable on-demand unit must accompany
the application. There is a fee of $25 for a thirty-day permit. Applications
may be obtained from the Code Enforcement Office.
C.
Duration.
Permits will be granted for a period of 30 days. At the expiration
of the thirty-day period, applicants may seek to extend their permit
for an additional 30 days by seeking an extension for cause from the
Town. In no event shall the extension exceed an additional 30 days.
Extension of a permit will cost $25 for each 30 days granted. No one
shall be given any more than one permit in any six-month period.
D.
Location.
Portable on-demand storage units are prohibited from being placed
in streets or in the front yards of a property. Portable on-demand
units must be kept in the driveway of the property at the furthest
accessible point from the street. All portable on-demand unit locations
must be paved off-street surfaces. The applicant must obtain pre-approval
of the location by the Town Code Enforcement Officer in the following
situations:
E.
Number
of units. Only one portable on-demand unit may be placed at any residential
property at a given time.
F.
Exceptions.
The above regulations do not apply to open containers commonly known
as "dumpsters" used for the removal of construction debris or other
refuse.
Regardless of any other provision of this chapter,
the owner of every builder's supply yard, contractor's yard or lumberyard
which, after the adoption of this provision, exists as a nonconforming
use in all districts shall apply to the Zoning Board of Appeals for
a special permit to establish and maintain appropriate screening for
such uses. Such screening may consist of topographic features, vegetation,
solid walls or opaque fences and shall be maintained for as long as
the nonconforming use continues. Such screening shall substantially
conceal, in the judgment of the Zoning Board of Appeals, all operations
of such builder's supply yard, contractor's yard or lumberyard throughout
all seasons of the year from the view of pedestrians or motorists
passing such use on any public or private street and from view of
any existing or future residence within an R District and within 300
feet of such use.
Any use for which a special permit is required or for which a special permit may be granted as provided in this chapter, which use was existing at the time of the adoption of this chapter or its predecessor or was existing at the time of the adoption of any amendment thereto which designated the use as requiring a special permit, in any district in which such use is specifically permitted subject to the securing of a special permit and which use has continuously existed since that time, shall without further action be deemed to have been granted a special permit. Any expansion of such use shall require a special permit and site development plan approval subject to the provisions of Articles X and XII of this chapter.
All the foregoing provisions shall apply to
all uses which do not conform to the provisions of this chapter at
the time of its adoption and also to all uses that become nonconforming
by reason of any subsequent amendment of this chapter.
Nothing in this chapter shall be deemed to require
any change in the plans, construction or designated use of any building
on which actual construction was lawfully begun prior to the adoption
of this chapter and upon which building actual construction has been
diligently carried on. "Actual construction" is hereby defined to
be the actual placing of construction materials in their permanent
position, fastened in a permanent manner, except that where a basement
or cellar is being excavated, such excavating shall be deemed to be
actual construction, or, where demolition or removal of an existing
structure has been substantially begun preparatory to rebuilding,
such demolition and removal shall be deemed to be actual construction,
provided that actual construction work shall be diligently carried
on until the completion of the building involved.
Every multifamily dwelling for which a building permit has been issued prior to the adoption of this chapter shall not be considered nonconforming for the purposes of Article XIII herein.
[Added 4-11-2006]
Preexisting structures, uses and other facilities
as allowed in the R-80 Single-Family Residential Zone which were in
existence at the time of the adoption of this amendment to the Zoning
Ordinance shall be considered conforming.
