The purpose of this article is to provide for
the regulation of nonconforming structures and uses, and to specify
those circumstances and conditions under which those nonconforming
structures and uses shall be permitted to continue or to expand.
Any nonconforming structure or use which existed
lawfully at the time of the adoption of this chapter and which remains
nonconforming, and any such structure or use which shall become nonconforming
upon the adoption of this chapter or of any subsequent amendments
thereto, may be continued subject to the regulations which follow.
B.Â
Structure designed or intended for a permitted use.
Repairs, alterations and structural changes may be made to a nonconforming
structure, which is designed or intended for a use permitted in the
district in which it is located, provided that said repairs, alterations,
or structural changes conform to the regulations of the district in
which said building or structure is located.
Nonconformance with bulk regulations. A structure
not in conformance with bulk regulations, and which is designed or
intended for a permitted use, shall not be added to or enlarged in
any manner unless such additions or enlargements do not increase the
degree of nonconformance with the bulk regulations of the district
in which it is located.
No building or structure shall be moved to any
other location on the same lot unless every portion of such lot on
which structure is moved, and the use thereof, is made to conform
to all of the regulations of the district in which it is to be located.
A.Â
A nonconforming structure which is destroyed or damaged
to the extent of 75% of its bulk, or that the cost of restoration
to the condition in which it was before the occurrence shall exceed
75% of the cost of the restoration of the entire building new, shall
not be restored unless said structure, and the use thereof, shall
conform to all of the regulations of the district in which it is located.
Existing nonconforming facilities with damage or destruction greater
than 75% of the structure must make application to the Town to rebuild
within six months and apply for a building permit within one year
of the loss.
[Amended 1-16-2008 by L.L. No. 1-2008]
B.Â
In the event that such damage or destruction is less
than 75% of its bulk or the cost of restoration of the entire building
new, no repairs or reconstruction shall be made unless such restoration
is started within one year from the date of partial destruction and
is diligently prosecuted to completion.
C.Â
It shall be the duty of the Town Zoning Officer, and
any consultants he desires, to make such determination of loss, damage
or destruction.
D.Â
If the restoration is not started within one year
of said destruction or damage and diligently pursued to completion,
the structure shall be removed and the area cleared.
A nonconforming use may not be resumed except
in conformity with the regulations for the district in which it is
located if:
A.Â
Structure designed or intended for a nonconforming
use. The nonconforming use of part of a structure, which is designed
or intended for a use not permitted in the district in which it is
located, may be extended throughout the structure.
B.Â
Structure designed or intended for a permitted use.
The nonconforming use of part of a structure, which is designed or
intended for a use permitted in the district in which it is located,
shall not be expanded or extended into any other portion of such building
or structure, nor changed to any other nonconforming use.
C.Â
The nonconforming use of land not involving a structure,
or in connection with which any structure thereon is incidental or
accessory to the principal use of the land, shall not be expanded
or extended beyond the area it occupies.
A.Â
To permitted use. The nonconforming use of a structure
which is designed or intended for a use not permitted in the district
in which it is located may be changed to a use permitted in the district
which it presently occupies.
B.Â
To another nonconforming use. No nonconforming use
shall be changed to another nonconforming use.
C.Â
Land. The nonconforming use of land not involving
a structure, or in connection with which any structure thereon is
incidental or accessory to the principal use of the land, shall not
be changed to any other use, except to a use permitted in the district
in which the land is located.