[Ord. No. 08-31, 10-7-2009]
A nonconformance is a building, structure (including a sign),
or parcel of land, or use thereof, which was lawfully existing at
the time of the adoption or amendment of this zoning ordinance, and
not in conformity with the provisions of this appendix or amendment.
Such nonconformance is incompatible with and detrimental to
permitted uses in the zoning district in which it is located. Nonconformance
causes disruption of the comprehensive land use pattern of the Town,
inhibits present and future development of nearby properties, and
confers upon its owner a position of unfair advantage. It is intended
that existing nonconformance shall not justify further departures
from this appendix for itself, or for any other properties.
(a)
Nonconforming by use. A lawfully established use of building, structure
or land, which is not a permitted use, either by right or by special
use permit, in the zoning district in which it is located, as set
forth in Article 4, is nonconforming by use.
(b)
Nonconforming by dimension. A lawfully established building, structure
or parcel of land not in compliance with the dimensional regulations
of this appendix is nonconforming by dimension. Dimensional regulations
include all regulations of this appendix other than those pertaining
to the permitted uses. A lawfully established building, structure,
parcel of land, or use thereof, not in compliance with the parking
regulations of this appendix, as set forth in Article 8 is also nonconforming
by dimension. A lawfully existing or lawfully established lot that
is not in compliance with the dimensional regulations of the zoning
ordinance, including, but not limited to, those regulations for minimum
lot size, lot width and lot frontage (also known as a substandard
lot of record), is also nonconforming by dimension.
(c)
Nonconforming by dwelling units. A building or structure containing
more dwelling units than are permitted by the use regulations of this
appendix shall be nonconforming by use. A building or structure containing
a permitted number of dwelling units by the use regulations of this
appendix, but not meeting the lot area per dwelling unit regulations,
shall be nonconforming by dimension.
(d)
Most restrictive regulations to apply. A building, structure or parcel
of land nonconforming by more than one factor, such as by use, dimension,
area or parking, shall comply with all regulations of this article.
Where the regulations conflict, the most restrictive regulations shall
apply.
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It is also the intent of this article to address nonconforming
uses in agricultural and residential zones in a stricter fashion than
nonconforming uses located in commercial and industrial zones. Due
to the disruption which nonconforming uses cause to the peace and
tranquility of an agricultural or residential zone, nonconforming
uses therein should be eventually abolished or reduced to total conformity
over time.
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[Ord. No. 08-31, 10-7-2009]
A building, structure or the use of land is lawfully established
if it was in existence prior to May 22, 1952, or was established in
conformance with the zoning ordinance in effect at the time the use
was first established the effective date of the adoption or amendment
of this appendix which rendered such building, structure or use of
land nonconforming. A lot is lawfully established if it was of record
or shown on a recorded plat prior to December 13, 1962, or the effective
date of the adoption or amendment of this appendix which rendered
such lot nonconforming, and was separately owned. All other lots that
were not lawfully established are not protected by this section. For
the purposes of this appendix, the creation and/or the use of a parcel
of land for a particular use which was legal at the time the parcel
of land was created and/or so used, shall not serve to create the
lawful establishment or lawful existence of any use that was not legal
at the time of creation and/or use of the land, regardless of subsequent
changes in allowable legal uses.
[Ord. No. 08-31, 10-7-2009]
A nonconforming building, structure, sign, or parcel of land
or the use thereof, which exists by virtue of a variance or a special
use permit (or a special exception) granted by the Zoning Board of
Review, shall not be considered a nonconformance for the purposes
of this article, and shall not acquire the rights of this article.
Rather, such building, structure, sign, parcel of land or use thereof,
shall be considered a use by variance or a use by special use permit,
and any moving, addition, enlargement, expansion, intensification
or change of such building, structure, sign, parcel of land or use
thereof, to any use other than a permitted use or other than in complete
conformance with this appendix, shall require a further variance or
special use permit from the board.
[Ord. No. 08-31, 10-7-2009]
Nonconforming uses are incompatible with and detrimental to
permitted uses in the zoning districts in which they are located.
Nonconforming uses cause disruption of the comprehensive land use
pattern of the Town, inhibit present and future development of nearby
properties, and confer upon their owners a position of unfair advantage.
It is intended that existing nonconforming uses shall not justify
further departures from this appendix for themselves, or for any other
properties.
(a)
Treatment in residential zones. Nonconforming uses in residential
zones are to be treated in a stricter fashion than nonconforming uses
located in nonresidential zones. Due to the disruption which nonconforming
uses cause to the peace and tranquility of a residential zone, nonconforming
uses therein should be eventually abolished or reduced to total conformity
over time.
(b)
Continuance. Nothing in this appendix shall prevent or be construed
to prevent the continuance of a nonconforming use of any building
or structure for any purpose to which such building or structure was
lawfully established. A building or structure containing a nonconforming
use may be maintained and repaired except as otherwise provided in
this section.
(c)
Moving. A building or structure containing a nonconforming use shall
not be moved in whole or in part either on or off the lot on which
it is located unless the use contained within such building or structure
is made to conform to the use regulations of the zone in which it
is relocated.
(d)
Addition, expansion and intensification. The following standards
shall apply to a building or structure containing a nonconforming
use:
(1)
A building or structure containing a nonconforming use shall
not be added to or enlarged in any manner, including any addition
or enlargement of floor area or volume, unless the use contained within
such building or structure, including such addition and enlargement,
is made to conform to the use regulations of the zone in which it
is located.
(2)
A nonconforming use of a such building or structure shall not
be expanded into any other portion of the building or structure which
contains a conforming use, or which is unoccupied or unused.
(3)
A nonconforming use of a such building, structure or land shall
not be intensified in any manner. Intensification shall include, but
not be limited to, increasing hours of operation, increasing the number
of dwelling units or increasing the seating capacity of a place of
assembly. However, this section shall not prohibit the reconfiguration
of existing dwelling units within a building or structure so long
as such reconfiguration complies with the requirements of subsection
2-8(f) does not constitute an expansion as described in paragraph
(2) above.
(e)
Change of use. Within any zone, a nonconforming use shall be changed
only to a permitted use (by right or special use permit) or to a use
within the same use code listed under Article 4 and described in Appendix
A. A nonconforming use, if changed to a permitted use, may not be
changed back to a nonconforming use.
(f)
Abandonment. If a nonconforming use is abandoned, it may not be reestablished.
Abandonment of a nonconforming use shall consist of some overt act,
or failure to act, which would lead one to believe that the owner
of the nonconforming use neither claims nor retains any interest in
continuing the nonconforming use unless the owner can demonstrate
intent not to abandon the use. An involuntary interruption of nonconforming
use, such as by fire and natural catastrophe, does not establish the
intent to abandon the nonconforming use. However, if any nonconforming
use is halted for a period of one year or more, the owner of the nonconforming
use will be presumed to have abandoned the nonconforming use, unless
that presumption is rebutted by the presentation of sufficient evidence
of intent not to abandon the use.
[Ord. No. 08-31, 10-7-2009]
(a)
Continuance. The lawfully established nonconforming use of land,
where no building is involved, may be continued, provided that no
such nonconforming use of land shall in any way be expanded or intensified
either on the same or adjoining property.
(b)
Change of use. The nonconforming use of land shall not be changed
to a different use, unless such use conforms to the use regulations
of the zone in which it is located.
[Ord. No. 08-31, 10-7-2009]
(a)
Continuance. Buildings or structures that are nonconforming by dimension
are likely to cause overcrowding and congestion in the neighborhoods,
contribute to unhealthy conditions and are contrary to the purposes
of this appendix. Buildings or structures that are nonconforming by
dimension cause disruption of the comprehensive land use pattern of
the Town, inhibit present and future development of nearby properties,
and confer upon their owners a position of unfair advantage. It is
intended that existing buildings or structures that are nonconforming
by dimension shall not justify further departures from this appendix
for themselves or for any other property. However, nothing in this
appendix shall prevent or be construed to prevent the continuance
of the use of any building or structure nonconforming by dimension
for any purpose to which such building or structure was lawfully established.
A building or structure nonconforming by dimension may be maintained
and repaired except as otherwise provided in this section.
(b)
Moving. A building or structure which is nonconforming by dimension
shall not be moved in whole or in part to any other location on the
lot in which it is located unless every portion of such building or
structure is made to conform to all of the dimensional requirements
of the zone in which it is located.
(c)
Addition, expansion and intensification. The following standards
shall apply to a building or structure nonconforming by dimension:
(1)
Such building or structure nonconforming by dimension shall
not be added to or enlarged in any manner, unless such addition or
enlargement conforms to all of the dimensional regulations of the
zone in which the building or structure is located.
(2)
A conforming use within a such building or structure which is
nonconforming by dimension (other than by lot area per dwelling unit)
may be expanded into any other portion of the building or structure
which is unoccupied or unused.
(3)
A conforming use within a such building or structure which is
nonconforming by dimension may be intensified, provided that such
intensification is in conformance with the use and lot area per dwelling
unit regulations, if applicable, for all other applicable requirements
of the zone in which it is located.
(d)
Change in use. A conforming use within a building or structure which
is nonconforming by dimension may be changed to any other conforming
use.
(e)
Demolition. A building or structure nonconforming by dimension, if
voluntarily demolished, shall not be reconstructed unless it conforms
to the dimensional regulations of the zone in which it is located.
Such voluntary demolition shall be considered an abandonment of the
use as set forth in subsection 2-8(i). If such building or structure
is involuntarily demolished, destroyed or damaged, it may be repaired
or rebuilt to the same size and dimension as previously existed.
[Ord. No. 08-31, 10-7-2009]
(a)
Use of substandard lots. A lot having frontage on a street that is
not in compliance with the dimensional regulations of the zoning ordinance,
including, but not limited to, minimum lot size, lot width and lot
frontage, otherwise known as a "substandard lot of record", may be
used for any purpose that conforms to the use regulations of the zone
in which it is located, provided such lot was shown on a recorded
deed or plat entered into the land evidence records in the office
of the Town Clerk on the effective date of this appendix, or any other
ordinance or amendment rendering it substandard.
(b)
Enlargement of undersized substandard lots. Lawfully established
lots which have less than the minimum area requirements, may be maintained
and may be changed by adding additional land to such lots without
prejudice to the rights of the owner of such lots pursuant to the
provisions of this section.
(c)
Merger of substandard lots. Adjacent lawfully established individual
lots in common ownership, which have less than the minimum area requirements
on or after June 29, 1994, at the effective date of the adoption or
amendment of this appendix, are not required to, but may be merged
together by the owner. Any lawfully established lots that have been
so merged or have been previously merged on the assessor's plats as
one lot shall not be divided unless in conformance with the dimensional
regulations of this appendix.
(d)
Undersized lots in agricultural and industrial zones. Lawfully established
lots which have less than the minimum area requirements, and which
are located in agricultural and industrial zones, shall not be used
for residential uses, if such residential use was not permitted at
the time such lot was lawfully established.
(e)
Merger of lots by use. Notwithstanding paragraph (b) above, in such
cases where a substandard lot of record is contiguous to a lot under
the same ownership as the substandard lot, and the lots are used in
common, said lots shall be deemed merged for zoning purposes and shall
not be sold separately. For the purposes of this subsection, such
lots are used in common when one of the lots contains a principal
structure, and one or more of the following conditions exist:
(1)
The principal structure occupies a portion of the contiguous
lot;
(2)
The individual sewage disposal system (ISDS) serving the principal
structure occupies a portion of the contiguous lot;
(3)
An accessory structure to the principal structure occupies a
portion of the contiguous lot; or
(4)
A portion of the contiguous lot is used to fulfill the off-street
parking requirements of the principal structure.
If all such conditions resulting in the contiguous lots being
used in common are eliminated or corrected, such lots shall no longer
be considered to be merged by use.
(f)
Special use permit for land nonconforming by area. Notwithstanding
the regulations for minimum lot area contained in Article 4 (dimensional
regulations), the following uses may be made by special use permit,
of lots in the following zones, provided that they meet all other
requirements of this appendix:
(1)
A-1 Zone — A single household dwelling may be built on
a lot with up to 10% less than the minimum area required.
[Ord. No. 08-31, 10-7-2009]
A building or structure is considered nonconforming by parking if the lawfully established use of the building or structure does not meet the parking requirements of Article 14.
(a)
Addition, expansion and intensification. The following standards
shall apply to a building or structure nonconforming by parking:
(1)
A nonresidential building or structure, or use of land, nonconforming by parking, may be added to, enlarged, expanded or intensified provided additional parking space is supplied to meet the requirements of Article 14 for such addition, enlargement, expansion or intensification.
(2)
Any residential building or structure nonconforming by parking, may not be added to, enlarged, expanded or intensified, unless brought into full compliance with the parking requirements of Article 14, such that sufficient parking is provided for the entire structure including the original portion and the addition, enlargement, expansion or intensification.
(b)
Change of use. A building or structure nonconforming by parking, may be changed to a different use, pursuant to all other provisions of this appendix, provided that such new use meets the following parking requirements of Article 14. The number of additional parking spaces required shall be the difference between the numbers of spaces required for the proposed use and the number of spaces required for the previous use. In the event that the new use requires fewer parking spaces than the previous use, no additional parking spaces need be supplied. However, none of the existing parking spaces shall be eliminated unless the total numbers of spaces required by this appendix for the new use are provided. However, in those cases where an existing permitted use does not meet the parking requirements of Article 14 and is proposed to be changed to a use which requires fewer parking spaces, but which would also not meet the parking requirements on the subject parcel, no additional parking spaces need be supplied. In all other circumstances, if the parcel is unable to support the required number of parking spaces, the applicant shall seek relief from the Zoning Board of Review in the form of a special use permit under the provisions of Article 18.
