[Amended 11-20-1995 by L.L. No. 8-1995]
Except as otherwise provided herein, the lawfully permitted
use of lands or structures (which by definition include buildings)
in existence at the time of adoption of this chapter, and any amendments
thereto, although nonconforming to the standards specified in this
chapter, may be continued subject to the conditions set forth below.
Such uses shall be deemed "nonconforming uses" and such structures
shall be deemed "dimensionally nonconforming."
A.
The "nonconforming use" of land may be continued; provided, however,
that it may not be physically enlarged or intensified, moved in whole
or in part to any other portion of the lot or parcel of land, extended
to occupy a greater area of land nor shall external evidence of the
use be increased by any means at all.
B.
A structure containing a nonconforming use shall not be enlarged,
extended or altered structurally unless the use is changed to a conforming
use or except to conform to an order of the Code Enforcement Officer
to either correct an unsafe condition or to conform to the requirements
of applicable laws or regulations.
C.
No nonconforming use of a structure shall be enlarged or extended,
except throughout any parts of the structure which were obviously
or manifestly arranged or designed only for such use at the time of
the adoption or amendment of this chapter.
D.
No nonconforming use shall be changed to another nonconforming use, except as provided in § 172-53.
E.
Discontinuance. If a nonconforming use is discontinued or ceases
for any reason for a total time of 12 months during any thirteen-month
period or is changed to a conforming use, any future use shall be
in conformity with the provision of this chapter.
(1)
A nonconforming use will be deemed to be discontinued when either
the activities consistent with or required for the operation of the
nonconforming use have ceased or the structure in which the nonconforming
use was conducted is substantially vacated and the activities consistent
with or required for the operation of such nonconforming use have
substantially ceased.
(2)
A discontinuance within the meaning of this chapter may occur regardless
of whether an intention to abandon the nonconforming use exists and
irrespective of the adaption of the structure to that activity. On
application, however, the Zoning Board of Appeals may extend the period
upon such terms and conditions as it may deem appropriate, upon a
finding that the twelve-month time is not reasonable in its application
to the particular premises considering the characteristics of the
use, the investment made in it, the circumstances of the discontinuance
and the suitability of the structure for a permitted use.
F.
If any structure containing a nonconforming use is removed, the subsequent
use of the land and any future structure must comply with the standards
specified by this chapter.
A structure that is conforming to use but does not conform to
the lot dimension, yard dimension, height, building coverage, floor
area ratio, off-street parking, loading or similar dimension requirements
of this chapter shall be deemed to be "dimensionally nonconforming."
Normal maintenance, repair, structural alteration, reconstruction
and alterations to decrease dimensional nonconformity are permitted.
No permit shall be issued that will result in the increase of any
dimensional nonconformity without a variance from the Zoning Board
of Appeals.
A.
A structure containing a nonconforming use, which is destroyed or
damaged by any means to an extent of more then 50% of the replacement
cost of the entire structure, may not be reconstructed or used except
in conformity with the provision of this chapter.
B.
A structure containing a nonconforming use, which is destroyed or
damaged by any means to an extent of 50% or less of the replacement
cost of the entire structure, may be reconstructed and any accompanying
nonconforming use continued if the reconstruction is completed within
one year of the date of such damage, and further provided that it
shall be reconstructed according to a plan approved by the Zoning
Board of Appeals to result, where reasonable, in greater conformity
with this chapter.
A.
On application, any nonconforming use may be changed to another nonconforming
use upon approval by the Zoning Board of Appeals. The Zoning Board
of Appeals must find that the proposed use is more appropriate to
the district than the existing nonconforming use by being less intrusive
to the surrounding properties.
B.
In considering such change, the Zoning Board of Appeals shall comply
with the State Environmental Quality Review Act[1] and shall make specific findings of fact as to both the
nonconforming use and the proposed nonconforming use concerning each
of the following factors: site layout (design and location of structures,
access routes, parking, waste storage, material handling, and utilities);
air quality and water resources (surface water drainage) and noise
characteristics; pedestrian traffic, transportation services (vehicle
mix, peak traffic flow hours, adequacy of parking and access/egress
from site).
[1]
Editor's Note: See Environmental Conservation Law Article
8.
C.
The Board shall require compliance with § 172-53.1 and may impose additional conditions and safeguards it deems necessary or appropriate to further the purposes of this chapter. In addition, any approval shall require a site plan approved by the Planning Board for any changes to the existing site conditions not shown on a previously approved plan.
In order that nonconforming uses may gradually be brought into
greater conformity with this chapter and their adverse external effects
reduced, the owner of the nonconforming use may be permitted to make
limited changes to such structure or use with a site plan, whereby
through landscaped screening and buffer areas, control of noise, smoke,
odors, lighting, architectural changes, location and layout of parking
lots and access drives or by any other appropriate means, these purposes
may be achieved. Such plan shall be presented to the Planning Board
which may then grant approval with modifications, provided that said
Board finds that the purposes of this section shall be met.
Where the required area or dimensions of lots are changed by
an amendment to this chapter, any lot legally in existence on that
date and made nonconforming by such amendment may be built upon only
as provided in this section. A permit may be issued for the erection
of a structure for a permitted use on a lot for which a valid deed
or other conveyance was recorded before adoption of this chapter or
amendment, although the area or dimensions of the lot are less than
that required for the district in which the lot is located, if:
A.
The lot met the zoning requirements at the time the deed to the lot
was recorded or the title to the lot was conveyed.
B.
The owner of the lot has not also held title to any other lot or
lots contiguous thereto with which it could have been combined at
the time of or since the adoption of this chapter or any amendments
thereto which rendered the lot nonconforming.
C.
If the owner of the nonconforming lot has owned or does now own any
other lot or lots contiguous thereto, they shall be combined with
the nonconforming lot to make one or more conforming lots.
D.
A nonconforming lot satisfying the requirements in Subsections A, B and C of this section shall, at the time the building permit is applied for, be developed in conformity with all applicable district regulations other than the minimum lot area and lot width requirements and with the minimum side yards set forth below:
|
For Lots With Width
| ||||
|---|---|---|---|---|
|
For Single-Family Residence in:
|
Greater Than
(feet)
|
Less Than
(feet)
|
Minimum Side Yard
(feet)
|
Total Both Side Yards
(feet)
|
|
CR-2 and
|
100
|
150
|
20
|
50
|
|
CR-1 Districts
|
80
|
100
|
12
|
30
|
|
60
|
80
|
10
|
27
| |
|
—
|
60
|
7 1/2
|
4 inches for each foot of lot width
| |
|
SR District
|
80
|
100
|
12
|
30
|
|
60
|
80
|
10
|
27
| |
|
—
|
60
|
7 1/2
|
4 inches for each foot of lot width
| |
