It is the purpose of this section to limit the injurious impact
of nonconforming uses and/or 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
and/or structures may not be contrary to the public interest or the
general purpose of this Zoning Law, when failure to allow such alteration,
continuation or extension would itself lead to neighborhood or district
deterioration. It is further the purpose of this section to prescribe
those standards which are to be applied by the Town in determining
the reasonableness of a proposal to alter, continue or extend a nonconforming
use. The following are regulations which shall apply to the alteration,
continuation or extension of nonconforming uses.
[Amended 9-3-2013 by L.L.
No. 3-2013]
A nonconforming use or building shall be a building, structure
or use legally existing at the effective date of this chapter, or
any amendment thereto, or a building, structure or use planned and
under construction in compliance with existing laws prior to the effective
date of this chapter or any amendment thereto, and which does not
conform with the use regulations of the district in which located.
A building, structure or use allowed by variance in a district where
it is nonconforming with any regulations of this chapter shall also
be considered a nonconforming use.
Normal maintenance and repair, such as painting, replacing a
roof, etc., is allowed, as are minor additions, alterations and interior
renovations that do not structurally alter the building or area or
result in increased use of the building or area or a different nature
of use than that existing at the present time, or otherwise create
more incompatibility with the surrounding permitted uses.
All changes and additions to nonconforming uses or proposals for reconstruction or reestablishment of such uses, excepting those identified in §
147-31 above, shall be considered special uses subject to the specific procedures and review criteria contained in Article
VIII of this chapter, and permits for alterations, changes in use or additions of one sort or another shall be granted only after a determination by the Planning Board that the following conditions have been, or will be, satisfied.
A. Storage of materials. There shall be no increase in the amount of materials, supplies and/or products that are stored outside a nonconforming facility, as on a lot in a nonconforming use, excepting those types of uses outlined in Subsection
B.
B. Screening. Where the nonconforming activity is one which necessarily
results in the storage of large quantities of material, supplies or
products outside (such as a sawmill, farm machinery sales operation
or similar operation), the use may only be expanded if a solid fence
of wood, woven metal and/or evergreen screen, not less than six feet
in height, is present on all sides of the immediate area in use. Stored
material shall not exceed the height of the screening material and
nine feet at the maximum.
C. Yards and setbacks. No addition, change or expansion of a nonconforming
use shall create further nonconformity by violation of yard, setback
and height regulations of the district in which it is located excepting
that where a structure or use in already nonconforming by virtue of
a rear or side yard less than required size, such yard may be reduced
to 1/2 the normal requirement to permit expansion.
D. Stormwater. There shall be no increase in the amount of stormwater
runoff for the site over what was existing as of the date of the enactment
of this chapter. The U.S.D.A. Soil Conservation Service may be relied
on to recommend appropriate measures to control stormwater runoff
which may be attached as conditions of approval by the Town.
E. Parking and traffic. In no case will a change, addition or expansion
of a nonconforming use be allowed which would result in the diversion
of traffic, or relocation of a driveway on the site to any point nearer
a residential property, or result in violation of any of the parking
and unloading requirements of this chapter. If the total number of
parking spaces for the site is to be increased more than 25% over
those available as of the date of this chapter, the Town may require
vegetative screening of the parking area from nearby residential areas.
Nothing herein shall prohibit the Town from requiring or approving
additional parking where such action would reduce or eliminate an
existing or potential parking problem.
F. Extension onto other properties of record in the same ownership.
The use may only be expanded or extended onto a new property of record
if that property is immediately abutting to the existing location,
the properties were both under the same ownership as of the effective
date of this chapter, the owner has clearly exhausted the alternatives
available for expansion on the existing property, and the use is not
one which has been altogether prohibited as a new use under this chapter.
G. Prohibited expansions. Should the use proposed for expansion or extension
be one which is specifically prohibited as a new use in the Town,
the requested expansion or extension shall be denied.
[Amended 8-20-2018 by L.L. No. 1-2018]
[Amended 12-16-2019 by L.L. No. 1-2019]
If any nonconforming structure or use is damaged or destroyed
as a result of a casualty, it may, pursuant to special use procedures,
be restored or reconstructed within 12 months of the date of the occurrence,
with extensions to the twelve-month period at the discretion of the
Planning Board. The Planning Board shall consider the degree to which
the use is nonconforming with the regulations of the district where
it is located.
A single-family dwelling may be erected on any existing lot
of record, providing that no side yard is reduced to less than 50%
of the requirement for the district in which it is located and that
a sewage permit can be properly issued.
The Code Enforcement Officer shall issue, upon request, a certificate
of nonconformance to any owner of a nonconforming structure or use
who so requests.