This article regulates and limits the continued existence of
uses, structures, lots, and all accessory uses and structures established
prior to the effective date of this chapter that do not conform to
the regulations set forth by this chapter in the applicable zoning
districts in which such nonconformities are located. Such nonconforming
uses, buildings, or lots are subject with the regulations set forth
in this article for the purposes of the following:
A.
To permit these nonconformities to continue, but to minimize any
adverse effect on adjoining properties and development.
B.
To regulate their maintenance and repair.
C.
To restrict their rebuilding if substantially destroyed.
D.
To require their permanent discontinuance if not operated for certain
periods.
E.
To require the conformity if they are discontinued, and to bring
about the eventual compliance with the objectives of the Comprehensive
Plan and this chapter.
A.
Determination of nonconforming status. The determination of any nonconforming
use shall be made by the CEO.
B.
Repair and alteration. Normal maintenance and repair of, and incidental alteration to a building occupied by a nonconforming use are permitted if they do not extend or expand the nonconforming use. No structural alteration or enlargement shall be made in a building occupied by a nonconforming use, except where required by law, i.e., court ordered, or to adapt a building to a conforming use or to any other use permitted under Subsection C or in a building occupied by a nonconforming use permitted to extend under Subsection D.
C.
Change of use. A nonconforming use may not be changed to a more intensive
nonconforming use nor shall a conforming use be changed to a nonconforming
use. Any nonconforming use when changed to a conforming use shall
not thereafter be changed back to a nonconforming use. A nonconforming
use, building, or structure shall not be enlarged except upon the
issuance of a variance from the Zoning Board of Appeals.
D.
Extension or enlargement of nonconforming use. Extension or enlargement
shall mean:
1)
The enlargement of such building so as to create additional floor
space or an increase in height.
2)
The extension within any existing building to any portion of the
floor area not formerly used for such nonconforming use, except where
such additional floor area was manifestly designed for such use at
the time such use became nonconforming.
3)
The extension of the use to any area outside of the building.
4)
In the case of a nonconforming, non-building land use, the use of
any additional land on which no substantial operations were previously
conducted, provided that any such extension or enlargement is on the
same lot occupied by the nonconforming use on the effective date of
this chapter.
E.
Damage and destruction. If a building occupied by a nonconforming
use is damaged to the extent of 50% or less than its assessed valuation,
excluding the full value of the land, as determined by the Town Assessor,
such building may be repaired, provided that substantial work is undertaken
within one year after such damage; otherwise, such building shall
thereafter be occupied only by a conforming use and structure. This
provision shall not prevent the repair of a nonconforming building
damaged to the extent of more than 50% of its assessed valuation,
provided that substantial work is undertaken within one year after
such damage; otherwise, such building shall thereafter be occupied
only by a conforming use and structure.
F.
Discontinuance or abandoning of use.
1)
A nonconforming use that has been discontinued for 12 consecutive
months shall not be reestablished and any future use shall be in conformance
with the provisions of this chapter.
2)
Where multiple uses exist, partial abandonment shall take place for
those specific uses that meet the criteria of this section.
3)
A use shall be considered discontinued or abandoned if one or more
of the following apply:
i.
Failure to occupy the property or continue the operation of
the use;
ii.
Failure to maintain any equipment, supplies, stock, or utilities
that would be used for the active operation of the use; or
iii.
Failure to maintain, or renew when expired, any valid federal,
state, or local permit or license that is required for the active
operation of the use.
G.
Nonconforming parking and loading facilities.
1)
A building, use or occupancy lawfully existing at the time this chapter
or any amendment thereto becomes effective, but which does not conform
to the off-street parking and loading requirements, may be occupied
or continued without such facilities being provided.
2)
Any such spaces that may be provided thereafter shall comply with the requirements of Article 51 of this chapter.
3)
If an existing building, use or occupancy is altered so that there is an increase in the number of dwelling units, seating capacity, employees or floor area, or if the use is changed to one requiring more off-street parking and loading spaces, the number of such spaces shall be provided at least equal to the number required for the increased area of the building or use in accordance with all provisions of Article 51 of this chapter.
H.
Nonconforming lots. No parcel or lot, after the adoption of this chapter or amendment thereto, shall be used or divided in a manner which prevents or diminishes compliance with the requirements established by this chapter or amendments thereto. Lots subdivided prior to the adoption of this chapter or any amendment and not meeting the minimum lot size requirements may be built upon, provided that the bulk requirements for any use within the district are met except as provided in § 325-53.1.
