Excepting for specific activities provided for
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 which is used for storage of
materials, supplies and/or products, excepting with respect to those
types of uses specifically provided herein.
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 Planning 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 amount of stormwater
runoff for the site over what was existing as of the date of the enactment
of this chapter. The USDA Soil 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. In no case will a change, addition or extension of
a nonconforming use be allowed which would reduce the level of service
for the highway to LOS D or below, divert traffic closer to a nearby
residence or substantially reduce any of the parking and unloading
requirements of this chapter. If the total number of parking spaces
for the site is to be increased more than 25% over those available
as of the date of this chapter, the Planning Board may require vegetative
screening of the parking area from nearby residential areas.
F. The use may only be expanded or extended onto another
property of record if that property is immediately adjacent to the
lot on which the original structure or use was located as of the effective
date of this chapter or amendments hereto and the use is not one which
has been altogether prohibited as a new use under this chapter.
G. Should the use proposed for expansion or extension
be one which is specifically prohibited as a new use in the Village
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.
A structure may be erected on any existing lot
of record, provided that no side yard or rear yard is reduced to less
than 50% of the requirement for the district in which it is located
and front yards are maintained as required for the district.