There shall be only one residential building per lot, except
in an approved Planned Development District. For purposes of this
section, a "residential building" means a building used as a single-family,
two-family or multifamily dwelling, but does not include accessory
buildings. A single building containing a commercial use that is also
used as a residence shall be considered to be one residential building
for purposes of this section.
Uses of land or structures that lawfully existed at the time
this chapter was adopted and which would be prohibited or restricted
by these regulations may be continued or maintained subject to the
conditions stated in this section regardless of who owns and/or occupies
the land. Such uses are considered to be legal nonconforming or "grandfathered"
and include all uses and structures that are violation of any standard
stated on Schedules A or B or this chapter, or of any other provision of this chapter.
Such uses may continue without meeting the standards stated in this
chapter, provided that they are in compliance with Subsections A through
G of this section.
A. Enlargement of buildings and structures. Buildings and structures which contain a nonconforming use may not be enlarged without issuance of a variance by the Zoning Board of Appeals. Any such variance will be treated as an area variance and subject to the requirements of §
160-84 of the Zoning Law.
B. Expansion of area. No nonconforming use may expand to occupy a greater area of land without the issuance of a variance by the Zoning Board of Appeals. Any such variance will be treated as an area variance and subject to the requirements of §
160-84 of the Zoning Law.
C. Increase in intensity. No nonconforming use may increase in the intensity or in the character of the use that was established as of the effective date of this Zoning Law without issuance of a variance by the Zoning Board of Appeals. Any such variance will be treated as a use variance and subject to the requirements of §
160-85 of the Zoning Law.
D. Unsafe buildings and structures. Any legal nonconforming building or structure, or portion thereof, declared unsafe pursuant to §
77-9 of the Town of Inlet Code may be restored to a safe condition within one year of such declaration. Upon application to the Zoning Board of Appeals, this period may be extended upon a showing of good cause. If not restored within one year or any extended period, the building must be removed or modified so as to be fully conforming with the requirements of the Zoning Law.
E. Restoration. Any building, structure or use which is nonconforming
to the use, bulk or area provisions of this chapter, which is damaged
by fire, flood, wind, hurricane, tornado, or other acts beyond the
control of man may be repaired or rebuilt according to its original
use, bulk and area, provided such rebuilding or repair be accomplished
within two years after such damage occurs.
F. Discontinuance. Whenever a nonconforming use has been discontinued for a period of one year there will be a presumption that it has been abandoned, except as provided in Subsection
D above, where the presumption will arise after two years. The presumption that the use has been abandoned will be irrefutable unless prior to the expiration of the identified period, an application is submitted to the Town Board for an extension and such application is granted. The Town Board will extend the period upon a showing that there is intent to continue the use and that there are realistic plans to reestablish it. In granting an extension, the Town Board may impose reasonable conditions. In the event that a nonconforming use is abandoned, all future uses shall be in conformity with these regulations.
G. Changes. Once changed to a conforming use, no building, structure
or land so changed shall be permitted to revert to a nonconforming
use without the issuance of a variance.
H. Ownership. Any nonconforming use conducted on a parcel which is sold
to another party may be continued, provided that such use is continued,
or if discontinued, reestablished within one year of the sale.
Off-road loading facilities shall be provided for each commercial
or industrial establishment hereafter erected or substantially altered
and shall be so arranged as not to interfere with pedestrian or vehicular
traffic on the public highway or street.
Any storage of petroleum-based products, including but not limited
to gasoline, oil or kerosene, shall include adequate provision for
insuring that leaks are prevented, and that any leak, rupture or spill
will be contained and not introduced into any reservoir, pond, stream,
creek or any other water body.
Outdoor lighting shall be the minimum required to meet any legal
requirements and ensure patron safety. Lighting devices shall be oriented
and shielded to minimize disturbance on surrounding properties. Lighting
shall be directed onto the lot in such a manner that no direct beam
of light or excessive glares shine onto other properties or the highway.
Refer to fence guidelines in Appendix.