The purpose of this section is to regulate nonconforming uses,
nonconforming buildings and structures, and nonconforming lots of
record. The zoning districts established by this chapter are designed
to guide the future use of the Town's land by encouraging the development
of desirable residential, commercial and other uses with appropriate
groupings of compatible and related uses to promote and protect the
public health, safety and general welfare. The regulations of this
section are intended to restrict further investments that would make
nonconformities more permanent in their location in inappropriate
districts as well as to afford opportunities for creative use and
reuse of those other nonconformities that contribute to a neighborhood
and are consistent with the goals of the Comprehensive Plan. At the
same time, vested rights and the right for owners to develop on substandard
lots shall be protected.
A.
Continuation of nonconforming use. Any lawfully existing nonconforming
use may be continued so long as it remains otherwise lawful, subject
to the regulations contained in this section. Ordinary repair and
maintenance or replacement, and installation or relocation of nonbearing
walls nonbearing partitions, fixtures, wiring or plumbing, may be
performed.
B.
Structural alteration or enlargement of nonconforming use. No structure
containing a nonconforming use shall be structurally altered or enlarged
unless such use shall thereafter conform to the regulations of the
zoning district in which it is located. No parking, yard, space or
dimensional nonconformity may be created or increased.
C.
Change of nonconforming use to conforming.
(1)
Whenever any nonconforming use shall have been changed or altered
so as to conform to the provisions of this chapter or its amendments,
then such nonconforming use shall no longer be nonconforming to the
extent to which it then conforms to this chapter or its amendments.
(2)
The prior nonconforming use shall not be resumed; provided,
however, that if a later amendment to this chapter should make the
use as so changed or altered nonconforming with its provisions then
such use, as changed or altered, shall become a new nonconforming
use to the extent of such nonconformance or noncompliance.
D.
Expansion or extension of nonconforming use. No nonconforming use
may be extended or expanded in any building or structure, or in or
on the lot on which it is located, nor may any nonconforming use be
moved to a different position upon the lot on which it is located,
so as to alter the use or its location which existed at the time that
the use became nonconforming.
E.
Abandonment or discontinuance of nonconforming uses.
(1)
In the event that any nonconforming use or a building or structure
containing a nonconforming use, in or on the land, or within a building
or structure or portion thereof, is abandoned or ceases, such nonconforming
use shall not be resumed. A nonconforming use shall be presumed abandoned
when one of the following conditions exists:
(a)
When the characteristic equipment and furnishings of the nonconforming
use have been removed from the premises and have not been replaced
by similar equipment within one year unless other facts show intention
to resume the nonconforming use.
(b)
When a nonconforming use has been discontinued for a period
of one year.
(c)
When a nonconforming use has been replaced by a conforming use.
(d)
When a nonconforming use has been changed in accordance with
this section.
(2)
Any subsequent use thereof shall conform to the applicable provisions
of this chapter or its amendments and the prior nonconforming use
shall not be resumed, unless in accordance with the applicable provisions
of this chapter or its amendments.
(3)
Nothing in this part shall prevent the strengthening or restoring
to a safe condition of any portion of a building that is declared
unsafe by a proper authority.
(4)
Nothing in this part shall be interpreted as authorization for
the continuation of the illegal use of a structure or premises or
construction of a structure or building in violation of zoning regulations
in existence at the time of enactment of this part.
F.
Nonconforming accessory uses and structures. No use, structure or
sign that is accessory to a principal nonconforming use shall continue
after such principal use or structure has been abandoned or removed,
unless it shall thereafter conform to all the regulations of the zoning
district in which it is located.
A.
Continuance. Any nonconforming structure which is devoted to a use
which is permitted in the zoning district in which it is located may
be continued so long as it remains otherwise lawful, subject to the
restrictions in this section.
B.
Enlargement, repair or alterations. Any nonconforming structure may
be enlarged, maintained, repaired or altered provided no additional
nonconformity is created or the degree of the existing nonconformity
is not increased.
C.
Damage or destruction.
(1)
In the event that any part of a nonconforming structure which
contributed to its nonconformity is damaged or destroyed, by any means,
to the extent of more than 50% of the fair market value of the structure
before being damaged, such part shall not be restored unless it shall
thereafter conform to the regulations of the zoning district in which
it is located.
(2)
When such a part of a nonconforming structure is damaged or
destroyed, by any means, to the extent of 50% or less of the fair
market value of the structure before being damaged, no repairs or
restoration except in conformity with the applicable zoning district
regulations shall be made unless a building permit is obtained and
restoration is actually begun within six months after the date of
such partial destruction and completed within one year.
D.
Moving. No nonconforming structure shall be moved in whole or in
part, for any distance whatsoever, to any other location on the same
or any other lot unless the entire structure shall thereafter conform
to the regulations of the zoning district in which it is located after
being moved.
A.
Any lot that existed before adoption of this chapter, but does not
meet the lot area or lot width requirements of this chapter, may still
be developed by any use which is permitted within the district.
B.
If necessary, setback requirements may be reduced proportionally
to the amount of nonconformance.
A.
Continuance. Subject to the limitations and termination provisions
hereinafter set forth, any lawfully existing nonconforming sign may
be continued so long as it otherwise remains lawful after the effective
date of this chapter.
B.
Alteration, expansion, moving. No nonconforming sign shall be:
C.
Termination of nonconforming signs.
(1)
Termination by abandonment. Any nonconforming sign, the use
of which is discontinued for a period of 90 days, regardless of any
intent to resume or not to abandon such use, shall be deemed to be
abandoned and shall not thereafter be reestablished. Any period of
such discontinuance caused by government actions, strikes, material
shortages or forces of nature, and without any contributing fault
by the nonconforming user, shall not be considered in calculating
the length of discontinuance for purposes of this subsection.
(2)
Termination by change of business. Any nonconforming sign advertising
or relating to a business on the premises on which it is located shall
be terminated upon any change in the ownership or control of such
business.
(3)
Termination by damage or destruction. Any nonconforming sign
damaged or destroyed, by any means, to the extent of 35% of its replacement
cost new shall not be restored but shall be terminated.
