The general purpose of regulating nonconforming uses, structures
and lots is to allow for the continued existence of such uses, structures
and lots after a zoning change which would otherwise prohibit such
use, structure or lot while gradually bringing everything into conformance
by regulating how such uses and structures can be reestablished, repaired
and restored. Additionally, these regulations allow the nonconforming
uses and structures to be physically maintained, and encourage their
upkeep so as to preserve safety, functionality and appearance within
the Town.
A.
Continuation. Any nonconforming use, building or structure which
existed lawfully at the time of enactment of this chapter may be continued,
subject to the regulations which follow in this article.
B.
Nonconforming use of land. The nonconforming use of land shall not
be enlarged or extended beyond the area of land occupied by such use
at the time of the adoption of this chapter. A nonconforming use of
land may not be moved in whole or in part to any other portion of
the lot or parcel of land occupied by such nonconforming use at the
time of adoption of this chapter. A nonconforming use of land shall
not be changed to another nonconforming use. If a nonconforming use
of land is discontinued for a period of 12 consecutive months, it
shall not be renewed, and any subsequent use of the land shall conform
to the regulations of the district in which the land is located.
C.
Nonconforming use of buildings. Nonconforming use of a building shall
conform with the following regulations:
(1)
Additions. Additions or enlargements shall not exceed 20% of the
floor space of the pre-modified, nonconforming building. Changes in
excess of 20% shall be allowed only if the nonconforming building
and the use thereon are made to conform to all the regulations of
the district in which it is located. Any addition or enlargement shall
be in conformance with all applicable setback requirements, among
others.
(2)
Alterations and repairs. No structural alterations shall be made
to any nonconforming building unless such alterations are required
by law; provided, however, that such maintenance and repairs as are
required to keep a nonconforming building or structure in sound condition
shall be permitted.
(3)
Change of nonconforming use. A nonconforming use may be continued,
discontinued, or changed to a conforming use. When so changed, the
nonconforming use may not be resumed. In no case shall a nonconforming
use be changed to a different nonconforming use.
(4)
Discontinuance. A nonconforming use of a building or structure or
a portion thereof which is discontinued shall not be lawfully reestablished
as a nonconforming use. Subsequent use shall conform to the use regulations
of the district in which the premises are located. A use shall be
deemed to have been discontinued under any of the following conditions:
(a)
Vacancy of a nonconforming use building or discontinuance of
a nonconforming use for a period of 12 consecutive months.
(5)
Restoration. A nonconforming building or use which is more than 50%
destroyed as measured as a percent of floor area and as certified
by either the Fire Chief, Code Enforcement Officer, or their designee
shall be rebuilt, repaired, restored, or rehabilitated in full conformance
with all applicable laws.
(a)
Eligible or duly registered federal or state historic structures
may be exempt from the strict application of rules pertaining to nonconforming
uses. Such structures may be rehabilitated pursuant to a plan reviewed
by a historic preservation architect who certifies that the proposed
rehabilitation plan will restore the historical character of the structure.
However, damaged interior spaces and future interior uses shall be
made to conform to all regulations of the district in which it is
located.
(6)
Removal. If any building in which any nonconforming use is conducted
is hereafter removed, the subsequent use of the land on which such
building was located and the subsequent use of any building erected
thereon shall conform to the regulations of the district.
D.
Validity of permit. Any building for which a permit has been lawfully
granted and on which the construction has been started and diligently
prosecuted before the effective date of this chapter may be completed.
A.
If a lot of record, duly existing prior to the adoption of this Zoning
Law or any applicable amendment thereto, fails to meet applicable
density, set back 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 at least two-thirds of the current minimum yard setbacks
and other dimensional requirements. Where two-thirds of current minimum
yard setbacks and other dimensional requirements cannot be met, the
owner shall have the right to apply for one or more area variances.
All other provisions of this Zoning Law or other laws or regulations,
which may be applicable, must also be met.
B.
The development of a nonconforming lot of record shall require site
plan approval from the Planning Board and comply with the following
conditions:
