Except as otherwise provided in this article, the lawful use
of land or buildings existing at the date of the adoption of this
chapter, or an amendment thereto, may be continued although such use
or building does not conform to the regulations specified by this
chapter for the zone district in which such land or building is located.
The following provisions shall, however, apply to all nonconforming
uses:
A. A nonconforming lot shall not be further reduced in size.
B. A nonconforming building shall not be enlarged, extended or increased
unless such enlargement would tend to reduce the degree of nonconformance.
C. A nonconforming use shall not be expanded except as may be authorized by §
301-22.
D. A nonconforming use may be changed into a conforming use. When a
nonconforming use is changed to conform to the requirements of this
chapter, the use of the building or tract of land shall not be changed
again except in accordance with these regulations.
E. Where such nonconforming use is upon the land itself and not enclosed
within a structure or where such use involves the removal of soil,
minerals or the excavation of gravel or rock or other material, such
use may be continued upon the land being so used at the time of the
adoption hereof. Any such nonconforming use of the land may be extended
or expanded to include any part of the plot or parcel of land now
being used or held in reserve for future use, provided such enlargement
does not involve the use of any lot acquired or the excavation rights
of which were acquired by the excavation operator after the effective
date of this chapter. However, such extension or expansion of such
nonconforming use shall comply with the setback and fencing requirements
of this chapter.
After the effective date of this chapter, or an amendment thereto,
upon the written request of the user of any structure or premises
or at the insistence of the Zoning Officer, an examination by the
Zoning Officer of any existing use shall be made. A report of the
findings made upon such examination shall thereafter be filed with
the Zoning Board of Appeals, together with a certificate of existing
nonconforming use, which shall clearly describe the premises and structure,
if any, referred to, and shall specify the nature and extent of such
existing use. Such certificate shall be prepared in triplicate, one
copy of which shall be maintained by the Zoning Officer, one copy
of which shall be furnished to the Zoning Board of Appeals and one
copy to be furnished to the owner or user.
A nonconforming use and/or structure shall not be expanded except
in conformance with the procedures and regulations specified in this
section. In no case shall such expansion extend beyond the lot occupied
by such nonconforming use or structure. The expansion of a nonconforming
use or structure hereunder shall be subject to approval by the Town
Board, and each case shall be considered on an individual basis. Application
forms for the expansion of a nonconforming use and/or structure shall
be obtained from the Zoning Officer. The Zoning Officer shall issue
a permit to allow the expansion of a preexisting nonconforming use
and/or structure only upon written authorization of the Town Board.
The Town Board, in considering such special requests, shall, at a
minimum, address the following potential concerns:
A. Standards applicable to authorizing the expansion of a nonconforming
use and/or structure:
(1) The location and size of the nonconforming use, and/or structure,
the nature and intensity of the operations involved in or conducted
in connection with it, the size and site in relation to it, the location
of the site in relation to it, the location of the site with respect
to streets giving access thereto. Conditions shall be in place such
that the expansion will not be inconsistent with the orderly development
of the district in which the use is located.
(2) Screening or other protective measures shall be adequate to protect
any adjacent properties from objectionable aspects of any such expansion
of the nonconforming use.
(3) Off-street parking areas shall be of adequate size for the particular
use, and access drives shall be laid out so as to achieve maximum
safety and minimum inconvenience to adjacent properties.
(4) The Town Board may prescribe any condition that it deems necessary
or desirable to aid it in making a determination on the application
and to protect the interests of the community and adjacent properties.
B. Public hearing.
(1) Before authorizing the expansion of a nonconforming use and/or structure,
the Town Board shall give public notice and hold a public hearing
on the application in the same manner as required by law for amendments
to the chapter.
(2) Prior to such public hearing, the application shall be referred to
the Planning Board for report and recommendation. The Planning Board
shall have 30 days after said referral to state its position relative
to the proposed application. The Town Board shall hold such public
hearing at the earliest possible date following the thirty-day referral
period and may take action on the proposal as it deems appropriate.
C. Limitations. An authorization to permit the expansion of a nonconforming
use and/or structure shall be deemed to authorize only the particular
use or structure specified in the application and shall apply only
to the area specified in the permit. A permit authorizing an expansion
under this section shall expire within six months from the date of
issuance if the nonconforming use and/or structure is not expanded
or enlarged.
In any district, whenever a nonconforming use of land, premises,
building or structure, or any part or portion thereof, has been discontinued
for a period of one year, such nonconforming use shall not thereafter
be re-established, and all future uses shall be in conformity with
the provisions of this chapter. Such discontinuance of the active
and continuous operation of such nonconforming use, or part or portion
thereof, for such period of one year is hereby construed and considered
to be an abandonment of such nonconforming use, regardless of any
reservation of an intent not to abandon same or of an intent to resume
active operations. If actual abandonment in fact is evidenced by the
removal of buildings, structures, machinery, equipment and other evidences
of such nonconforming use of the land and premises, the abandonment
shall be construed and considered to be completed and all rights to
re-establish or continue such nonconforming use shall thereupon terminate.
Whenever the boundaries of a district shall be changed so as
to transfer an area from one district to another of a different classification,
the foregoing provisions shall also apply to any nonconforming uses
existing therein or created thereby.
Nothing herein contained shall require any change in plans,
construction or designated use of a building or site complying with
existing laws, a permit for which had been duly granted before the
date of adoption of this chapter or any applicable amendment thereto.