Nonconforming uses, as defined in Article II, are governed by this article, and may continue only in conformance with the provisions hereof. Such uses as are continued not in conformance with the provisions of this article shall forfeit their nonconforming status, and may thereafter be treated as any other use in violation of this chapter.
Nonconforming buildings, structures, and lots, as defined in Article II, are governed by this article, and may continue only in conformance with the provisions hereof. Such buildings, structures and lots continued not in conformance with the provisions of this article shall forfeit their nonconforming status, and may thereafter be treated as any other buildings, structures, and lots.
Any nonconforming use which is classified as requiring a special exception in the zoning district in which it is located, under § 300-16, Table of Use Regulations, and which has not applied for and officially been granted a special exception by the Board of Appeals pursuant to Article X hereof, shall be deemed to have been granted a limited special exception only for the limited purposes of continuing as it existed on the effective date of this chapter. Nothing herein shall be construed as a grant of permission for the enlargement, extension, alteration or reconstruction of such use itself, or of any building or structure involved in such use. In all respects, such a use shall be governed under this article and shall be treated the same as all other nonconforming uses, except that this section shall not apply to any use which has been officially granted a special exception by the Board of Appeals pursuant to Article X.
[Amended 4-6-2009 by Ord. No. O2009-02]
All nonconforming uses, as defined in Article II, shall be eligible for a nonconforming use permit. Such a permit shall be issued by the Town Zoning Administrator if, after due investigation, he or she is convinced that the use lawfully existed on the date of this chapter. The character, nature and extent of the use shall be carefully documented by the Zoning Administrator at the time the permit is issued, and a file shall be kept thereon.
[Amended 4-6-2009 by Ord. No. O2009-02]
A.
It shall be the responsibility of the person seeking
the permit to apply for it on forms provided by the Zoning Administrator.
The permit shall show the exact specifications of the nonconforming
use on the face thereof and shall be good only for such specifications,
dimensions and use.
B.
All such permits must be issued within nine months
of the effective date of this chapter, and any nonconforming uses
which have not obtained a permit within nine months of the effective
date of this chapter shall forfeit their nonconforming status and
shall be treated as any other uses, except that application for such
permit may be accepted by resolution of the Oakland Town Council after
nine months for good cause shown.
A.
No nonconforming use or nonconforming building or
structure, except as provided herein, shall be altered, expanded,
replaced, or extended in any way.
B.
It is the specific intent of this article to permit
the continuation, under the terms hereof, of uses lawfully existing
upon the effective date of this chapter, in order to prevent hardship
or confiscation. It is not the intent of this article to permit development,
in any degree whatsoever, in contravention of the other provisions
of this chapter under the guise of the nonconforming use.
C.
A use of land, building or structure which does not conform to the provisions of Article IV,§ 300-16, Table of Use Regulations, shall not be altered, replaced, reconstructed, extended or enlarged except in accordance with the provisions hereof, and any alteration, replacement, reconstruction, extension or enlargement shall result in forfeiture of the nonconforming status, and thereafter the use shall be treated the same as any other use.
D.
A building, structure, or lot, except a mobile home, which does not conform to the provisions of this chapter, other than Article IV, § 300-16, Table of Use Regulations, and which is not involved in a nonconforming use, may be altered, replaced, reconstructed or enlarged, provided that its nonconformity is not increased by such alteration, replacement, reconstruction or enlargement. This subsection shall not apply to any building or structure which contains a nonconforming use. Such a building or structure, except a mobile home, shall be governed under Subsection C hereof. No mobile home shall be altered, replaced, reconstructed or enlarged under any circumstances.
A.
Any building or structure which contains a nonconforming use which is designated by the letter "N" in Article IV, § 300-16, Table of Use Regulations, and which is damaged by fire or other natural causes to the extent of more than 75% of its market value at the time the damage occurred, shall forfeit its nonconforming status and shall not be permitted to resume the nonconforming use thereafter.
B.
Any building or structure which contains a nonconforming use which is designated by the letters "SE" in Article IV, § 300-16, Table of Use Regulations, and which is damaged by fire or other natural causes to the extent of more than 75% of its market value at the time the damage occurred shall forfeit its nonconforming status, and the limited special exception granted by § 300-55 hereof. Thereafter, the use shall be continued only if the Board of Appeals grants a special exception, under Article X hereof, and the building and structure is repaired or restored in such a way that its nonconformity, if the building itself was nonconforming, is not altered, changed or increased beyond the extent which existed at the time of the damage. The reconstructed structure shall not exceed the height, area or volume of the damaged structure unless such expansion shall be approved by the Board of Appeals as a special exception under Article X hereof.
C.
Structures damaged to the extent of less than 75%
of their market value at the time the damage occurred may be reconstructed,
repaired or used for the same nonconforming use without action of
the Board of Appeals, but in no event shall the reconstruction, repair
or restoration result in any alteration, reconstruction or enlargement
of the nonconforming use, or the nonconformity of the building or
structure.
D.
A structure which does not contain a nonconforming
use, which is damaged by fire or other natural causes, may be restored,
reconstructed, or repaired, irrespective of the amount of damage.
All such reconstruction or repairs shall be subject to the following
provisions, if the structure is nonconforming:
Whenever a nonconforming use has been discontinued
or abandoned for a period of one year, it shall be deemed to forfeit
its nonconforming status and such use shall not thereafter be reestablished,
and any future use shall be in conformance with the provisions of
this chapter.
A.
If a structure or building containing a nonconforming
use is changed so as to contain a conforming use, the nonconforming
status shall be forfeited, and the building and/or structure or land
shall not be permitted to revert to a nonconforming use.
B.
The Board of Appeals may grant, pursuant to Article X, permission to change one nonconforming use to another nonconforming use if the applicant shows to the satisfaction of the Board that the proposed new use will be less objectionable in external effects than the existing nonconforming use in regard to the various criteria set forth in Article X,§ 300-73. This provision shall be applicable only to nonconforming uses which are designated by the letters "SE" in Article IV, § 300-16, Table of Use Regulations. The Board of Appeals shall not have the authority to grant permission for the changing of a nonconforming use which is designated by the letters "SE" in Article IV, § 300-16, Table of Use Regulations, to a use which is designated by the letter "N."
The Zoning Administrator may grant a temporary permit as provided for in § 300-63B.
