Except as otherwise provided in this article,
the lawful use of land or buildings existing at the date of the adoption
of this chapter may be continued, although such use or building does
not conform to the regulations specified by this chapter for the zone
district in which such land or building is located. The following
provisions shall, however, apply to all nonconforming uses:
A. A nonconforming lot shall not be further reduced in
size.
B. A nonconforming building shall not be enlarged, extended
or increased, unless such enlargement would tend to reduce the degree
of nonconformance.
C. A nonconforming use shall not be expanded, except as may be authorized by §
135-33.
D. A nonconforming use existing at the date of adoption
of this chapter may not be changed to another nonconforming use.
E. A nonconforming use may be changed into a conforming
use. When a nonconforming use is changed to conform to the requirements
of this chapter, the use of the building or tract of land shall not
be changed again, except in accordance with these regulations.
[Amended 1-22-2001 by L.L. No. 1-2001]
After the effective date of this chapter, upon
the written request of the user of any structure or premises, or at
the insistence of the Code Enforcement Officer, an examination by
the Code Enforcement Officer of any existing use shall be made. A
report of the findings made upon such examination shall thereafter
be filed with the Zoning Board of Appeals, together with a certificate
of existing nonconforming use, which shall clearly describe the premises
and structure, if any, referred to, and shall specify the nature and
extent of such existing use. Such certificate shall be prepared in
triplicate, one copy of which shall be maintained by the Code Enforcement
Officer, one copy of which shall be furnished to the Zoning Board
of Appeals and one copy to be furnished to the owner or user.
A nonconforming use and/or structure shall not
be expanded, except in conformance with the procedures and regulations
specified in this section. In no case shall such expansion extend
beyond the lot occupied by such nonconforming use or structure. The
expansion of a nonconforming use or structure hereunder shall be subject
to approval by the Zoning Board of Appeals and each case shall be
considered on an individual basis. Application forms for the expansion
of a nonconforming use and/or structure shall be obtained from the
Code Enforcement Officer. The Code Enforcement Officer shall issue
a permit to allow the expansion of a preexisting nonconforming use
and/or structure only upon written authorization of the Zoning Board
of Appeals. The Zoning Board of Appeals, in considering such special
requests, shall, at a minimum, address the following potential concerns:
A. Standards applicable to authorizing the expansion
of a nonconforming use and/or structure:
(1) The location and size of the nonconforming use and/or
structure; the nature and intensity of the operations involved in
or conducted in connection with it; the size and site in relation
to it and the location of the site in relation to it; and the location
of the site with respect to streets giving access thereto. Conditions
shall be in place such that the expansion will not be inconsistent
with the orderly development of the district in which the use is located.
(2) Screening or other protective measures shall be adequate
to protect any adjacent properties from objectionable aspects of any
such expansion of the nonconforming use.
(3) Off-street parking areas shall be of adequate size
for the particular use, and access drives shall be laid out so as
to achieve maximum safety and minimum inconvenience to adjacent properties.
(4) The Zoning Board of Appeals may prescribe any condition
that it deems necessary or desirable to aid it in making a determination
on the application and to protect the interests of the community and
adjacent properties.
B. Public hearing:
(1) Before authorizing the expansion of a nonconforming
use and/or structure, the Zoning Board of Appeals shall give public
notice and hold a public hearing on the application in the same manner
as required by law for amendments to the local law.
(2) Prior to such public hearing, the application shall
be referred to the Town Planning Board for report and recommendation.
The Planning Board shall have 30 days after said referral to state
its position relative to the proposed application. The Zoning Board
of Appeals shall hold such public hearing at the earliest possible
date following the thirty-day referral period and may take action
on the proposal as it deems appropriate.
C. Limitations. An authorization to permit the expansion
of a nonconforming use and/or structure shall be deemed to authorize
only the particular use or structure specified in the application
and shall apply only to the area specified in the permit. A permit
authorizing an expansion under this section shall expire within six
months from the date of issuance if the nonconforming use and/or structure
is not expanded or enlarged.
In any district, whenever a nonconforming use
of land, premises, building or structure or any part or portion thereof
has been discontinued for a period of one year, such nonconforming
use shall not thereafter be reestablished, and all future uses shall
be in conformity with the provisions of this chapter. If actual abandonment,
in fact, is evidenced by the Code Enforcement Officer in the form
of removal of buildings, structures, machinery, equipment and other
evidences of such nonconforming use of the land and premises, the
abandonment shall be construed and considered to be completed as of
the date observed and all rights to reestablish or continue such nonconforming
use shall thereupon terminate. The Code Enforcement Officer shall
prepare written notice of such abandonment and file copies with the
Zoning Board of Appeals, the Town Clerk and the property owner(s).
Whenever the boundaries of a district shall
be changed so as to transfer an area from one district to another
of a different classification, the foregoing provisions shall also
apply to any nonconforming uses existing therein or created thereby.
Nothing herein contained shall require any change
in plans, construction or designated use of a building or site complying
with existing laws, a permit for which had been duly granted before
the date of adoption of this chapter or any applicable amendment thereto.