Within the districts established by this chapter or amendments,
there exist lots, buildings, uses of land and characteristics of use
which were lawful before this chapter or amendments were passed but
which would be prohibited, regulated or restricted under terms of
this chapter or future amendments. Regulations for the continuance,
maintenance, repair, restoration and discontinuance of nonconforming
lots, buildings, land and uses are established for the following purposes:
A.
To permit these nonconformities to continue, but to minimize any
adverse effect on adjoining properties and development.
B.
To regulate their maintenance and repair.
C.
To restrict their rebuilding if substantially destroyed.
D.
To require their permanent discontinuance if not operated for certain
periods.
E.
To require conformity if they are discontinued, and to bring about
the eventual compliance with the objectives of the Future Land Use
Plan and this chapter.
Normal maintenance and repair, structural alteration in and
reconstruction or enlargement of a building with nonconforming bulk
are permitted, as well as new construction on the lot, if the same
does not increase the degree of or create any new nonconforming bulk
in such building.
A.
Repair and alteration. Normal maintenance and repair of and incidental alteration to a building occupied by a nonconforming use are permitted if they do not extend the nonconforming use. No structural alteration or enlargement shall be made in a building occupied by a nonconforming use, except where required by law, i.e., court ordered, or to adapt a building to a conforming use or to any other use permitted under Subsection B or in a building occupied by a nonconforming use permitted to extend under Subsection C.
B.
Change of use. A nonconforming use may not be changed to a more intensive
nonconforming use nor shall a conforming use be changed to a nonconforming
use. Any nonconforming use when changed to a conforming use shall
not thereafter be changed back to a nonconforming use. A nonconforming
use, building or structure shall not be enlarged except upon the issuance
of a variance from the Zoning Board of Appeals.
C.
Extension or enlargement of nonconforming use. Extension or enlargement
shall mean:
(1)
The enlargement of such building so as to create additional
floor space.
(2)
The extension within any existing building to any portion of
the floor area not formerly used for such nonconforming use, except
where such additional floor area was manifestly designed for such
use at the time such use became nonconforming.
(3)
The extension of the use to any area outside of the building.
(4)
In the case of a nonconforming, nonbuilding land use, the use
of any additional land on which no substantial operations were previously
conducted, provided that any such extension or enlargement is on the
same lot occupied by the nonconforming use on the effective date of
this chapter.
(5)
To the extent the district bulk requirements permit, upon the
approval of the Zoning Board of Appeals, a nonconforming use may be
extended to, but not exceed, an increase of 50% of its floor area
or of its land area occupancy of a nonbuilding use. However, this
provision may be used only once for each such use and in no event
may be applied to signs or to increase the number of units in a multifamily
building.
(6)
An accessory building(s) to a legally existing nonconforming
residential use, in a nonresidential zoning district, is permitted
by right, provided that the accessory building(s) meets the minimum
side/rear yard requirement for the district in which the property
is located and provided that the accessory building complies with
all other requirements for such buildings.
D.
Damage and destruction. If a nonconforming building is damaged to
the extent of 50% or more of its assessed valuation, excluding the
full value of the land, as determined by the Town Assessor, such building
may be repaired, provided that substantial work is undertaken within
one year after such damage. Repair is not considered to be the removal
of the entire building excluding/including the foundation. This provision
shall not prevent the repair of a nonconforming building damaged to
the extent of less than 50% of its assessed value.
[Amended 3-16-2016 by L.L. No. 2-2016]
E.
Discontinuance or abandoning of use. A nonconforming use or building
discontinued or abandoned for 12 consecutive months shall not, thereafter,
be used or occupied except in conformance with the regulations of
the district in which it is located. Discontinuance of the active
and continuous operation of a nonconforming use, or a part or portion
thereof, for a period of 12 consecutive months is hereby construed
and considered to be an abandonment of such nonconforming use, regardless
of any reservation of intent not to abandon same or of intent to resume
active operations. Actual abandonment is evidenced by the removal
of buildings, structures, machinery, equipment and other evidence
of such nonconforming use of the land and premises.
F.
Nonconforming parking, loading, and stacking facilities. A building,
use or occupancy lawfully existing at the time this chapter or any
amendment thereto becomes effective, but which does not conform to
the off-street parking, loading and stacking requirements, may be
occupied or continued without such facilities being provided. Any
such spaces that may be provided thereafter shall comply with the
requirements of Article 51. If an existing building, use or occupancy
is altered so that there is an increase in the number of dwelling
units, seating capacity, employees or floor area, or if the use is
changed to one requiring more off-street parking, loading and stacking
spaces, the number of such spaces shall be provided at least equal
to the number required for the increased area of the building or use
in accordance with all provisions of Article 51.
G.
Nonconforming lots. No parcel or lot, after the adoption of this
chapter or amendment thereto, shall be used or divided in a manner
which prevents or diminishes compliance with the requirements established
by this chapter or amendments thereto. Lots subdivided prior to the
adoption of this chapter or any amendment and not meeting the minimum
lot size requirements may be built upon, provided that the bulk requirements
for any use within the district are met except as provided in this
chapter.