A.
The zoning districts established in this chapter are designed to
guide the future use of the Town's land by encouraging the development
of desirable residential, commercial, and other use areas with appropriate
groupings of compatible and related uses, thereby promoting and protecting
public health, safety, and general welfare.
B.
As a necessary corollary, nonconforming uses and structures which
adversely affect the development of such areas must be subject to
certain limitations. The regulations governing nonconforming uses
set forth in this article are therefore adopted in order to provide
a gradual remedy for existing undesirable conditions resulting from
such incompatible nonconforming uses, which are detrimental to the
achievement of such purposes. While such uses are generally permitted
to continue, these regulations are designed to restrict further investment
in such uses, creating permanent establishments in inappropriate locations.
C.
In the case of buildings not complying with the bulk regulations
of this chapter, the regulations governing noncomplying buildings
set forth in this chapter are adopted in order to permit the appropriate
use of such buildings but to prevent the creation of additional noncompliance
or increases in the degree of existing noncompliance, except as specifically
authorized.
A.
General provisions. A legal nonconforming use may be continued, except
as otherwise provided in this article. Except as otherwise provided
in this chapter, a nonconforming use or structure shall not be expanded
or increased or enlarged to occupy a greater area of land than was
occupied on the effective date of this chapter. A nonconforming use
may not be changed to another nonconforming use. A use, once changed
from a nonconforming use to a conforming use, may not thereafter be
changed back to a nonconforming use.
B.
Application to illegal uses and structures. Nothing in this article
shall be deemed to authorize any use or structure which was not conforming
under the laws of the Town of Lewiston as they existed at the time
the use began or the structure was constructed or altered, nor in
any manner limit the power of the Town to take any action to abate
or remove such use or structure, or prosecute violations of the laws
of the Town of Lewiston created by said uses or structures.
C.
Repairs and incidental alterations. Repairs to both structural and
nonstructural parts and incidental alterations may be made in a building
or other structure substantially occupied by a nonconforming use,
or in connection with a permitted change or extension of a nonconforming
use.
D.
Structural alterations. No structural alterations shall be made in
a building or other structure substantially occupied by a nonconforming
use, except when made:
(1)
In order to comply with requirements of law; or
(2)
In order to accommodate a conforming use; or
(3)
In order to conform to the applicable district regulations or
performance standards; or
(4)
The alteration will not exceed in cost 35% of the equalized
fair market value as determined from the last Town tax roll prior
to the first alteration, with said thirty-five-percent limit (as measured
at the time of the first alteration) to apply to the life of the building
in the case of multiple alterations.
A.
General provisions. For the purposes of this article, a change of
use is a change to another use; however, a change in ownership or
occupancy shall not, by itself, constitute a change of use. A nonconforming
use may be changed to any conforming use but not to another nonconforming
use.
B.
Special regulations for adult uses. In all districts, a nonconforming
use may not be changed, initially or in any subsequent change, to
an adult use, unless all requirements for adult uses are met.
A.
General provisions. If a nonconforming building or other structure
is damaged, destroyed or demolished, the provisions set forth in this
article shall apply.
B.
However, if a nonconforming two-family residence in a single-family
residential district is damaged, destroyed or demolished, such building
may be reconstructed provided that such reconstructed building shall,
unless a use variance is granted, be a single-family residence, and
the reconstructed building shall not create a new noncompliance nor
increase the preexisting degree of noncompliance with the applicable
bulk regulations.
C.
Permitted reconstruction or continued use. In all districts, if any
building which is substantially occupied by nonconforming use is damaged,
and such damage does not exceed 50% of the total replacement value
prior to the damage, it may be restored on the same footprint, provided
that a building permit shall be secured within 12 months after the
date of the damage and construction shall be diligently pursued to
completion.
D.
If damage to the building or structure exceeds 50% of the total replacement
value prior to destruction, a use permit shall be required to authorize
the restoration of such building or structure and continue the use,
upon a determination by the Zoning Board of Appeals that the nonconformity
has not been a nuisance to the surrounding uses and that reestablishing
the use will not be detrimental to the public health, safety or welfare.
A.
General provisions. If, for a continuous period of 12 months, the
active operation of substantially all the nonconforming uses in any
building or other structure is discontinued, such land or building
or other structure shall thereafter be used only for a conforming
use. Intent to resume active operations shall not affect the foregoing.
B.
The Zoning Board of Appeals may extend the allowable period of nonuse
without abandonment for up to an additional six months at a time.
C.
Actual abandonment of the use, as shown by a discontinuance of operations
and actual abandonment of the lot, or nonaccidental removal of the
building where the use occurred, shall terminate the nonconforming
use as of the date of actual abandonment.
A.
Any structure erected or structurally altered and any lot or land
put to use pursuant to the granting of a variance of the use and/or
building regulations of this chapter shall be deemed a nonconforming
use and shall be subject to the applicable provisions of this article.
