The lawful use of any building or land existing
at the time of the enactment of this chapter or its predecessor may
be continued though such use does not conform to the provisions of
this chapter. No unlawful use of property or unlawful structure existing
at the time of the passage of this chapter shall be deemed to be a
use which may be continued pursuant to this section. Any violation
of this chapter existing at the time of the passage of this chapter
shall continue to be a violation, and no use in violation at the time
of the enactment of this chapter may be continued if it does not conform
to the provisions of this chapter.
Lawful use of any building or land existing
at the time of the enactment of this chapter may be continued though
such use does not conform to the provisions of this chapter, as follows:
A. Unsafe structures. Any structure or portion of that
structure determined to be unsafe by the Town Building Department
may be restored to a safe condition.
B. Restoration. Nothing herein shall prevent the substantial
restoration within one year and the continued use of a nonconforming
building as existed immediately prior to such damage by fire, flood,
earthquake, act of God or act of a public enemy, provided the substantial
restoration is made on the existing footprint of the destroyed or
damaged building, and meets all building codes.
C. Alterations. A nonconforming building used for a nonconforming
use shall not be reconstructed or structurally altered during its
life to an extent exceeding in aggregate cost the replacement value
of the building unless said building is changed to a conforming use.
D. Extension.
[Amended 4-1-2019 by L.L.
No. 2-2019]
(1) A nonconforming use shall not be extended, except that an extension
of a portion of a nonconforming building use shall be permissible,
upon the approval of the Planning Board, if the extension does not
exceed 40% of the square footage of the building as it existed at
the time it became nonconforming.
(2) The Planning Board, upon consideration of the factors set forth in §
167-38.1C(10)(a) through
(m) of this chapter, may approve such extension of a nonconforming use if the proposed alteration:
(a)
Will not have an undue adverse effect upon adjacent property,
the character of the neighborhood and surrounding areas, traffic conditions,
parking, utility facilities, or other matters affecting the public
health, safety, welfare or convenience of the public;
(b)
Will not create operations or uses that may reasonably be considered
objectionable to nearby properties by reason of noise, fumes, vibrations,
illumination or other outward effects on others in the zone.
(c)
Will be in harmony and promote the general purpose and intent
of the Master Plan;
(d)
Will not adversely affect the short-term and long-term cumulative
impacts on the environment;
(e)
Will be able to mitigate to the satisfaction of the Planning
Board any adverse or irreversible impacts on the environment, including
any growth-inducing aspects of the proposed use;
(f)
Will not adversely affect unique and irreplaceable assets or
resources of the area; and
(g)
Will be serviced adequately (as determined by the Board) by
essential public facilities and services, including, but not limited
to, highways, streets, parking spaces, public transportation, police,
ambulance and fire protection, drainage structures, solid waste management
and refuse disposal, water and sewers, groundwater protection, schools,
energy conservation, as well as any other additional services as the
Planning Board deems appropriate.
(3) An extension of a nonconforming use is subject to a site plan review under Article
VI of this chapter.
(4) In no event shall an extension under this section be permitted for
the construction of new detached structures, regardless of size, or
to the expansion of uses, regardless of intensity or degree, that
are not a result of the expansion of the structure in which such uses
are confined.
(5) The extension of a lawful use to any portion of a nonconforming building
used for a nonconforming use that existed prior to the enactment of
this chapter shall not be deemed the extension of such nonconforming
use.
E. Displacement. No nonconforming use shall be extended to displace a conforming use, except as set forth in Subsection
D, above.
F. Abandonment. No nonconforming use which shall have
ceased for a period exceeding two years shall be resumed.
G. Changes. Once changed to a conforming use, no building
or land shall be permitted to revert to a nonconforming use.
Nothing herein contained shall require any change
in plans, construction or designed use of a building for which construction
has lawfully been commenced prior to the effective date of this chapter
and is diligently continued. The entire building shall be completed
within two years from the effective date of this chapter or shall
be deemed in violation of this chapter.
Whenever the boundaries of a district shall
be changed so as to transfer an area from one district to another
district of a different classification, the foregoing provisions shall
also apply to any nonconforming uses existing therein.