A.
A use, building, lot or structure lawfully in existence as of the
effective date of this chapter, as amended, and nonconforming with
it or any subsequent amendment may be continued, except as otherwise
provided herein with respect to specific uses. Upon request, the Building
Inspector/Code Enforcement Officer may issue certificates of nonconformance
to owners or operators of bona fide nonconforming uses, buildings
or structures who desire confirmation of their rights hereunder.
B.
It is the purpose of this article to limit the injurious impact of
nonconforming uses, buildings, lots and structures on other adjacent
properties within a particular district and the community as a whole,
while recognizing that alterations, continuations and extensions of
nonconforming uses, buildings or structures may not be contrary to
the public interest or the general purpose of this chapter when failure
to allow such alteration, continuation or extension would itself lead
to neighborhood or district deterioration.
C.
It is further the purpose of this article to set forth those standards
which are to be applied by the Town in determining the reasonableness
of proposals to alter, continue or extend a nonconforming use and
to establish when Town review and approval shall be required for such
actions.
D.
The protections extended by this article to existing nonconforming
uses, buildings, lots or structures, commonly known as "grandfathering,"
shall not extend to any nonconforming activity not lawfully established
or occurring subsequent to the effective date of this chapter, as
amended.
E.
A structure, in lawful existence prior to the adoption or subsequent
amendment of this chapter which by adoption or amendment of this chapter
is made nonconforming, may be used for any allowable use listed for
the zoning district in which the structure and property is located,
provided that such structure shall not be enlarged or altered so as
to increase its nonconformity in terms of dimensional or area requirements.
F.
No nonconforming structure shall be moved or otherwise relocated
so as to occupy a different area of the lot or land than was occupied
by the structure at the time of the adoption or subsequent amendment
of this chapter unless a new location would be more conforming in
terms of minimum dimensional or area requirements of this chapter
or subsequent amendment thereto.
Normal maintenance and repair activities, such as painting,
replacing a roof or fixing gutters, shall be permitted. Also permitted
are alterations, such as adding or removing windows, and interior
renovations that do not structurally alter buildings, add living areas
or result in extended or increased nonconforming use of a building,
lot or structure.
A.
If within the same footprint and equal intensity and use any nonconforming
use, building or structure is damaged, it may be restored or reconstructed
within 18 months of the date of the damage, with an extension in time
allowable where proven necessary to the Building Inspector.
B.
A nonconforming use, building or structure may be reestablished within
a period of 12 months after it has been discontinued or vacated, with
an extension of 12 months allowable where proven necessary to the
Planning Board.
C.
A nonconforming use, building or structure shall be considered abandoned
under the following circumstances:
(1)
The intent of the owner to discontinue the use is made obvious by
the posting of signs, boarding up of windows, failure to pay taxes
or assessments, or other measures which demonstrate the enterprise
is going out of business or the use is otherwise ending;
(2)
The building has not been occupied for 12 months or more;
(3)
The nonconforming use has been replaced by a conforming use or changed
to another use under permit from the Town; or
(4)
The equipment and furnishings used in furtherance of the nonconforming
use have been removed form the premises.
D.
In the TC, RH and MC Zones, on lots less than two acres, a building
nonconforming as to the applicable bulk requirements in which a legal,
conforming use is maintained may, upon review and approval of the
Town Building Inspector and the Town Engineer, be demolished and a
new building housing a legal, conforming use may be relocated to a
different area of the same lot, if and only if the degree of nonconformity
with the bulk regulations is reduced or eliminated. The total square
footage of such relocated building may be increased by no more than
20% as compared to the demolished building. The maximum square footage
of the new proposed building shall not exceed 4,000 square feet, and
the total amount of land disturbed shall not exceed one acre.
[Added 2-4-2016 by L.L.
No. 1-2016]
Excepting for activities provided for in § 195-63 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 that is used for storage of materials, supplies
and/or products, excepting with respect to those types of uses outlined
below.
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
Zoning 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 peak amount of stormwater runoff
for the site over what existed as of the date of the enactment of
this chapter. The USDA Natural Resources 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.
Should the use proposed for expansion or extension be one which is
specifically prohibited as a new use in the Town 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.
[Amended 3-4-2021 by L.L. No. 2-2021]
If a lot of record which duly existed prior to the adoption
of this chapter or any applicable amendment thereto fails to meet
applicable density, setback or lot size standards as set forth herein,
the lot may be developed with any compatible use listed for the zoning
district in which such nonconforming lot is located, provided that
such lot has sufficient width, depth and area to undertake development
that will meet the minimum yard setbacks and other dimensional requirements
that were effective at the time when the lot of record was created
and that all other provisions of this chapter or other laws or regulations
which may be applicable are met. Lots that preexist zoning are subject
to 1969 zoning setbacks. The provisions of this section shall apply
to any additions on such lots after the date of the adoption of this
Zoning Law or any applicable amendment thereto.
