No building, structure or land shall hereafter be used and no building, structure or part thereof shall be erected, moved or altered unless for a use expressly permitted by and in conformity with the regulations herein specified to the district in which it is located, except as hereinafter provided.
A. 
Building and structure height. No building or structure shall hereafter be erected or altered to exceed in height the limit designated for the district in which it is located, unless it meets the criteria set forth in Subsection I, Height exceptions.
B. 
Space and area regulations. No building or structure shall be hereafter erected; nor shall any existing building or structure be altered, enlarged, demolished or moved; nor shall any lot, yard, lot width, open space, loading or parking space required in relation to any building or structure or use be encroached upon or reduced in any manner not in conformity with the lot area, lot coverage, open space and building bulk regulations, yard requirements and other space and area regulations designated herein for the district in which it is located, unless such reduction is granted by the Zoning Board of Appeals in accordance with the procedures set forth in Article VII of this chapter.
C. 
Lot of record. The minimum area for each permitted principal use within each zoning district shall be complied with, unless an area variance is granted, except the principal use of a single-family dwelling shall be permitted upon premises consisting of less than the minimum acreage for that specific zoning district, existing as separate and individual lots or parcels of land and recorded as such in the Dutchess County Clerk's office prior to January 13, 1975. However, the bulk regulations, except for the minimum lot size requirement, and provisions of this chapter and other Town regulations shall be complied with by the property owner.
[Amended 10-12-2004 by L.L. No. 8-2004]
D. 
Minimum lot area per principal dwelling unit.
(1) 
One permitted principal use, as outlined in this chapter, is allowed on each lot.
(2) 
In all districts where residential uses are permitted, a lot may only be improved for residential use in accordance with the minimum lot area and related bulk regulations as set forth in this chapter, except as otherwise provided in the aforementioned subsection regarding lots of record or as provided in § 200-22 regarding cluster development.
E. 
Yard as related to a building or structure. No part of a yard or other open space required appurtenant to any building or use shall be included as part of a yard or other open space requirement for any other building on any other lot.
F. 
Use of yards. Yards, as required herein, shall not be used for the storage of merchandise, equipment, building materials, junk, vehicles, vehicle parts or any other material or for signs, except as specific provision is made within this chapter.
G. 
Corner lots. On a corner lot, each street frontage shall be deemed to be a front street line, and the required yard along each such lot line shall be a required front yard; the above notwithstanding, for the purposes of this chapter, no lot shall be interpreted to have more than two front yards, regardless of how such lot is located or configured. The Zoning Enforcement Officer, in consultation with the owner, shall determine which of the remaining yards shall be the required side yard and the required rear yard for purposes of this chapter.
[Amended 4-22-1996 by L.L. No. 1-1996]
H. 
Frontage and driveways.
(1) 
No building permit shall be issued for any use or construction of any structure unless the lot upon which such use or such structure is to be built has frontage of at least 40 feet on a public street or highway which has been suitably improved to Town, County or state road standards, or rural lane standards for a private road (Private roads are permitted in accordance with the provisions set forth in Subdivision of Land, Chapter 177.), and which street frontage provides the actual access to such structure or use. This provision is subject to the regulations of Town Law § 280-a of Article 16, Chapter 62, of the Consolidated Laws of New York.
[Amended 4-22-1996 by L.L. No. 1-1996; 2-14-2005 by L.L. No. 2-2005]
(2) 
No dwelling may be built or erected directly behind another dwelling having access on the same street and within 200 feet thereof.
(3) 
All driveways, for reasons of traffic and pedestrian safety, as well as to provide for future road widening and improvement, entering onto any street shall comply with all requirements of this chapter and be subject to approval by the Town Highway Superintendent, Dutchess County Department of Public Works, or the New York State Department of Transportation, whichever is applicable.
(4) 
Shared driveways shall be permitted to serve up to four residences, provided that each lot served by such a driveway has the required road frontage, whether the road frontage is paved, part of an easement or right-of-way. The shared driveway may be owned in common or may be created by reciprocal easements between the property owners.
I. 
Height exceptions. The height limitations set forth in the Schedule of Area and Bulk Regulations[1] shall not be applicable to the following:
(1) 
Agricultural barns and silos in the Agricultural District.
(2) 
Flagpoles, cables and windmills incidental and accessory to a principal use, any of which shall be restricted to a maximum height of 75 feet above average finished grade at its base.
(3) 
Wireless communications facilities, with their customary appurtenances, not to exceed 150 feet in height.
[Amended 12-11-2000 by L.L. No. 3-2000]
(4) 
Spires, belfries, chimneys, skylights, water or cooling towers, parapets or railings, elevators, stair bulkheads, solar collectors, air-conditioning units or similar structures which in their aggregate coverage occupy no more than 10% of the roof area of the building of which they are an integral architectural or mechanical element. Such features shall be erected only to such minimum height as is necessary to accomplish the purpose for which they are intended and shall, in general, not extend more than 20 feet above the roof.
[1]
Editor's Note: The Schedule of Area and Bulk Regulations is included at the end of this chapter.
J. 
Easements. Land subject to easements for drainage facilities, underground public utilities and above-ground electric, telephone or television distribution lines may be counted for compliance with minimum lot area standards set forth in the Schedule of Area and Bulk Regulations of this chapter.[2] However, no part of a street or highway easement or vehicular road/highway access or private right-of-way for vehicles may be counted for such compliance.
[2]
Editor's Note: The Schedule of Area and Bulk Regulations is included at the end of this chapter.
K. 
Subdivision of lot. Any real property owner who hereinafter plans to subdivide his/her property shall comply with the Town of Milan Subdivision Regulations (see Chapter 177) and applicable sections of this chapter.
L. 
Irregularly shaped lots. Where a question exists as to the appropriate application of any of the requirements of this chapter to a particular lot or parcel because of the irregular shape of the lot or parcel of land, the Zoning Board of Appeals, as set forth in Article VII, shall interpret and determine how the requirements of this chapter shall be applied.
M. 
Sight distance; obstruction of vision.
(1) 
Clear visibility shall be provided in both directions at all exit points so that the driver of an automobile stopped on the platform portion of any new driveway will have an unobstructed view of the highway for a reasonable distance (commensurate with the speed and volume of traffic on such highway) and so that the driver of an automobile traveling on the highway shall have a similar view of the automobile in the driveway.
(2) 
At all street intersections, no obstructions to vision, such as a fence, wall, hedge, structure or planting over three feet in height, as measured above the curb level, if any, or above the existing road level, shall be erected or installed and maintained on any lot within the triangle formed by the intersection street lines or their projections where corners are rounded and a straight line joining said street lines at points which are 30 feet in distance from their point of intersection measured along said street lines and/or projections. This section shall not be construed to apply to existing street trees, provided that no branches are maintained closer than six feet to the ground nor to the construction of any necessary retaining wall.
N. 
Design guidelines. In approving all special use permits, site plans, and subdivisions, the Planning Board and/or Zoning Board of Appeals shall be guided by applicable design guidelines. Until such time as the Town of Milan adopts specific design guidelines, the New York Planning Federation's Community Design Guidelines or the Dutchess County Department of Planning and Development's Greenway Connections may be used as an example of acceptable design guidelines. The intent of the applicable design guidelines is to provide prospective applicants for land development with actual illustrations of the types of development that the Town wishes to achieve. The guidelines are also intended to ensure that future development within the Town creates no more than a minimal impact on the surrounding area, makes conservation planning a central focus of any future development, requires that new development follow traditional settlement patterns within the Town and respects local historic styles, and provides general siting principles to help landowners and the Planning and/or Zoning Boards to plan projects that fit into the rural countryside.
[Added 5-9-2001 by L.L. No. 3-2001]
O. 
Greenway Connections. By Local Law No. 2 of the year 2004 the Town of Milan has adopted the Greenway Connections: Greenway Compact Program and Guides for Dutchess County Communities, as amended from time to time, as a statement of land use policies, principles, and guides to supplement other established land use policies in the Town. In its discretionary actions under the Zoning Code, the reviewing agency should take into consideration said statement of policies, principles, and guides, as appropriate.
[Added 2-9-2004 by L.L. No. 2-2004]
P. 
Fences, side and back yard. In any zoning district, side yard and back yard fences and side yard and back yard walls shall not exceed eight feet in height. All such fences shall have the finished face of the fence or wall directed toward the abutting property. The property owner on whose land the fence or wall is located shall be responsible for the maintenance of both sides of the same, provided that if the abutting property owner does not provide access for such maintenance, the property owner shall be relieved of the obligation for maintaining the finished face of the fence or wall. Applications for a fence permit shall be made to the Town of Milan Code Enforcement Officer, who shall collect a fee set by resolution of the Town Board, and who shall be responsible for the enforcement of this law.
[Added 7-21-2014 by L.L. No. 3-2014]
The uses permitted in each zoning district are set forth in the attached Table A, Schedule of Use Regulations.[1] This schedule is complemented, as appropriate, by the provisions of this chapter, inclusive of the supplementary regulations set forth in Article V, the special use permit procedures set forth in Article VIII and the site plan approval requirements set forth in Article IX. Symbols indicated on the Schedule of Use Regulations shall be interpreted as follows:
P
=
Permitted principal use in specified zoning district
A
=
Type A special use permit required (approval granted by the Zoning Board of Appeals)
B
=
Type B special use permit required (approval granted by the Planning Board)
—
=
Prohibited use in specified zoning district
A. 
All permitted principal or special permit uses noted with an asterisk (*) require site plan review and approval by the Town Planning Board in accordance with Article IX of this chapter.
B. 
Further elaboration on some uses, as noted in Table A, appears in the supplementary regulations of this chapter.
C. 
Only one permitted principal use is allowed on each lot.
[Added 4-22-1996 by L.L. No. 1-1996]
D. 
Any use not listed specifically as a permitted, special use permit or accessory use at any location within the attached Schedule shall be considered a prohibited use in all zoning districts under this chapter.
E. 
[2]The uses permitted in the Hamlet (HA) District are set forth in Table A, Schedule of Use Regulations, and the standards and procedures for the HA District are set forth in § 200-14 of this chapter.
[Added 5-9-2001 by L.L. No. 3-2001]
[2]
Editor's Note: The subsection which immediately preceded this subsection, regarding the Planned Development District, was deleted 4-22-1996 by L.L. No. 1-1996. Former Subsection E, regarding the LI Light Industrial District, was repealed 8-13-2007 by L.L. No. 6-2007. This local law also redesignated former Subsections F and G as Subsections E and F, respectively.
F. 
The uses permitted in the Highway Business (HB) District are set forth in Table A, Schedule of Use Regulations, and the standards and procedures for the HB District are set forth in § 200-14.1 of this chapter.
[Added 5-9-2001 by L.L. No. 3-2001]
[1]
Editor's Note: The Schedule of Use Regulations is included at the end of this chapter.
The specific area and bulk requirements for uses within each zoning district are set forth in the attached Table B, Schedule of Area and Bulk Regulations.[1] Footnotes have been included in Table B in cases where further elaboration is necessary.
[1]
Editor's Note: The Schedule of Area and Bulk Regulations is included at the end of this chapter.
[1]
Editor's Note: Former § 200-13, Light Industrial District (LI) -- Floating Zone, as amended, was repealed 8-13-2007 by L.L. No. 6-2007.
A. 
Purpose. The Town of Milan recognizes the unique historic and architectural character of its unincorporated hamlet areas and wishes to preserve and enhance the hamlet centers of Lafayetteville and Rock City through the establishment of a Hamlet (HA) Zoning District. It is the intent of this zoning district to:
(1) 
Encourage the development of traditional mixed-use hamlets that will serve as focal points of community life for residents.
[Amended 5-9-2001 by L.L. No. 3-2001]
(2) 
Provide areas where residential, commercial and office uses can be intermingled and mutually supportive.
(3) 
Avoid strip commercial development.
[Amended 5-9-2001 by L.L. No. 3-2001]
(4) 
Maintain and accentuate the historic character of the Town by encouraging development which adheres to the existing historic, architectural and cultural fabric of the hamlet and incorporates historic design principles.
(5) 
Promote a wide range of housing opportunities for Town residents by providing options to traditional single-family housing.
(6) 
Diversify and strengthen the Town tax base by promoting commercial uses.
B. 
Uses. The uses permitted in the Hamlet (HA) District are specified in § 200-11, Table A, Schedule of Use Regulations of this chapter.[1]
[1]
Editor's Note: The Schedule of Use Regulations is included at the end of this chapter.
C. 
Bulk and area regulations. Bulk and area requirements with respect to minimum lot area, lot width, yards, maximum lot coverage and maximum building height are specified in § 200-12, Table B, Schedule of Area and Bulk Regulations of this chapter.[2] The following provisions shall be in addition to the standards specified in Table B of this chapter:
(1) 
Where a new principal building is proposed in the Hamlet District, and where the Building Inspector finds it is in keeping with the character of the neighborhood, the minimum and maximum front yard setbacks provided in § 200-12, Table B, may be altered by the Zoning Board of Appeals, provided that the setback from the front property line shall not be less than the average front yard setback of all principal buildings within 200 linear feet of the proposed building. Measurements shall be based on the shortest line that may be drawn between the new structure and existing structures and the road right-of-way.
(2) 
New principal buildings shall be compatible with the height and bulk of adjacent dwelling units or commercial buildings. The maximum height permitted for any building shall be two stories.
[2]
Editor's Note: The Schedule of Area and Bulk Regulations is included at the end of this chapter.
D. 
Standards. In approving all special use permits, site plans and subdivisions, the Planning Board and/or Zoning Board of Appeals shall be guided by the following standards in addition to all other applicable standards contained in this chapter and other regulations:
(1) 
New interior roadways. Where an interior roadway plan has been formulated for a Hamlet District, and where appropriate, new development shall be compatible with such plans. Where plans for interior roadways have not been developed, applicants shall be encouraged to propose designs for such roadways. Any new road that is proposed must comply with the standards and specifications for Town roads or rural lanes (private roads are permitted in the Town of Milan in accordance with the rural lane section of the Town's Subdivision Regulations[3]).
[3]
Editor's Note: See Ch. 177, Subdivision of Land.
(2) 
Open space. Where an open space plan is proposed for a Hamlet District and/or the surrounding neighborhood, and where appropriate, new development shall be required to be compatible with such plans.
(3) 
Architectural compatibility. It is in the interest of the Town of Milan to maintain the historic, cultural and rural character of its hamlet centers. Therefore, any new building to be constructed in a Hamlet District shall be compatible with the architectural style(s) of existing buildings in the hamlets of Lafayetteville and Rock City (whichever hamlet the lot and building is located in).
E. 
Parking standards. It is the intent of this subsection to provide for flexibility in the fulfillment of parking requirements within a Hamlet District and to ensure that parking becomes an aesthetically integrated aspect of all site plans. In keeping with these intentions, all parking shall be located either behind the front building line of the principal building, in a common lot, along the side and rear property lines of a principal building or in some combination of the these. Except as otherwise provided, the number of parking spaces provided shall be as required in § 200-38 of this chapter. The following additional parking standards shall apply:
(1) 
The number of off-street parking spaces required in § 200-38 of this chapter may be reduced by the Planning Board reviewing the proposed action within the HA District. The Planning Board may reduce the number of required spaces by any number up to 50%, if the following conditions are satisfied:
(a) 
Such parking spaces as required in § 200-38 of this chapter will be legally provided on a property within 500 feet of the subject property or within a roadway right-of-way within 100 feet of the subject property; and
(b) 
The applicant for such parking reductions shall submit acceptable, legally binding methods to the Planning Board to ensure that such parking will be available to users of the subject property in perpetuity. No parking waiver shall be granted where legally unacceptable methods are proposed by the applicant or where parking on other properties will not be guaranteed in perpetuity.
(2) 
Where required parking spaces are to be provided on site, the Planning Board shall have the authority to waive the requirement to pave some of the spaces, provided that:
(a) 
At least 1/2 of all required spaces will be paved in accordance with § 200-38 of this chapter and other applicable Town laws.
(b) 
The remaining 1/2 of the required parking area is reserved for future parking expansion.
(c) 
No buildings shall be constructed in the reserved parking area. A note shall be placed on the site plan indicating that said area is reserved. The Planning Board may also require other legal documents which ensure that such area is reserved for future parking.
(d) 
The reserved, unpaved area may remain in natural vegetative cover, be maintained as lawn or covered in a material such as brick, paving stones or gravel.
(e) 
A bond or other form of surety that is approved by the Town Board, equal to the cost of paving the remaining unpaved parking area, shall be placed in escrow. At any time during the three-year period following issuance of the certificate of occupancy for the principal building, the escrow account may be drawn upon by the owner or, in case of default or bankruptcy, by the Town Board to pave the remaining unpaved portion of the parking area. At the end of the three-year period, the escrow account may be released if it can be proven to the satisfaction of the Town Board that paving of the remaining spaces will not be required. Where such proof is not provided or is unacceptable, the remaining portion of the parking area shall be paved in accordance with § 200-38 of this chapter.
(3) 
To the greatest extent practical, all parking shall take access from new interior roads or from existing roads other than Route 199 or Route 308.
(4) 
Applicants shall be required to limit the number of curb cuts by sharing driveways or by connecting adjacent lots through service/feeder roads where such arrangements are possible. Applicants may also be required to reserve appropriate rights-of-way or other areas of land for such purposes.
F. 
Water and sewer utilities. It is the intent of the Town Board to encourage the development of central water and sewage disposal facilities in the Hamlet Districts. The Town acknowledges the difficulty and expense in creating such systems. The Town Board reserves the right to consult with property owners within the Hamlet Districts on the feasibility of creating central water and/or sewage disposal facilities. However, in determining minimum lot sizes where no central water and/or sewer facilities have been developed, the Town and the applicant shall be bound by the standards of the Dutchess County Department of Health. No building permit or certificate of occupancy shall be approved for any building requiring water and sewer service, unless the standards of the County Health Department have been satisfied.
G. 
Special standards for combined commercial and residential uses. The intent of this section is to permit commercial and residential uses within the same building located in the Hamlet (HA) Districts. Section 200-11, Table A, of this chapter describes the types of combined uses that are permitted within the HA District, provided that:
(1) 
Uses meet all area and bulk requirements.
(2) 
Individual units intended for residential use, in combined use buildings, are located above the first story.
(3) 
Commercial uses and residential uses do not share any story, except that office uses and residential uses may share the same floor, provided that each has a separate entrance.
(4) 
All uses and/or units comply with the New York State Uniform Fire and Building Code.
(5) 
No residential unit shall gain its access through a commercial or office use.
(6) 
Individual residential units shall comply with the minimum square footage requirements contained in § 200-37B(6).
(7) 
Conversions of existing structures to a combined commercial and residential use shall be treated as a new structure for the purposes of this section and this chapter. Conversions of existing structures to exclusively residential uses shall comply with § 200-23 of this chapter and any other applicable laws.
[Added 5-9-2001 by L.L. No. 3-2001]
A. 
Purpose. The purpose of the Highway Business (HB) District is to provide a location for a variety of retail, service, and other traditional small-scale businesses, where such businesses can reinforce each other and provide attractive places for residents, shopkeepers, and visitors to congregate and do business, and to provide a location for some light industrial uses which display, by way of noise, glare and traffic generation, minimum evidence of internal and external processing on the site, all while maintaining the rural character of the Town of Milan and protecting its scenic beauty. It is the intent of this zoning district to:
[Amended 8-13-2007 by L.L. No. 6-2007]
(1) 
Encourage the realization and conservation of a desirable and aesthetic environment in the Town of Milan.
(2) 
Provide a location in the Town where small shops with individually articulated facades can locate.
(3) 
Prevent traffic congestion, infrastructure costs, environmental degradation and strip commercial development.
(4) 
Ensure that new commercial development occurs in harmony with existing development.
(5) 
Ensure that the Town's special natural and cultural environment is respected so that Milan's uniqueness can flourish without inappropriate changes.
(6) 
Enhance the economic and physical characteristics of the existing business area of Milan.
(7) 
Foster a vibrant commercial sector in the Town that is economically sound for merchants and property owners, well balanced in its appeal to a mixed residential and visitor market, and aesthetically and environmentally suitable to the small-Town, rural character.
(8) 
Foster and encourage commercial uses in the HB District that promote the community interest as a whole but do not cause adverse impacts on residents.
B. 
Uses. The uses permitted and specially permitted in the Highway Business (HB) District are specified in § 200-11, Table A, Schedule of Use Regulations, of this chapter.
C. 
Bulk and area regulations. Except as otherwise specified in this chapter, bulk and area requirements with respect to minimum lot area, lot width, yards, maximum lot coverage and maximum building height are specified in § 200-12, Table B, Schedule of Area and Bulk Regulations,[1] of this chapter. Principal permitted uses shall locate in existing structures or new structures with no more than a five-thousand-square-foot building footprint. Structures required for farms, public stables, animal husbandry and agriculture uses, except roadside stands, are generally exempt from the maximum building footprint requirements of this chapter, except as specifically identified herein.
[Amended 6-11-2003 by L.L. No. 1-2003; 8-13-2007 by L.L. No. 6-2007]
[1]
Editor's Note: The Schedule of Area and Bulk Regulations is included at the end of this chapter.
D. 
Standards. In approving all special use permits, site plans, and subdivisions, the Planning Board and/or Zoning Board of Appeals shall be guided by applicable design guidelines. Until such time as the Town of Milan adopts specific design guidelines, the New York Planning Federation's Community Design Guidelines or the Dutchess County Department of Planning and Development's Greenway Connections may be used as an example of acceptable design guidelines. The intent of the applicable design guidelines is to provide prospective applicants for land development with actual illustrations of the types of development that the Town wishes to achieve within the HB District, The guidelines are also intended to ensure that future development within the HB District creates no more than a minimal impact on the district and surrounding area, makes conservation planning a central focus of any future development, requires that new development follow traditional settlement patterns within the district and respects local historic styles, and provides general siting principles to help landowners and the Planning and/or Zoning Boards to plan projects that fit into the rural countryside.
E. 
Parking standards.
(1) 
Parking lots shall be located at the rear and/or side of buildings and shall be screened from the public right-of-way by low walls, fences or hedges.
(2) 
Parking lots shall not abut intersections or be adjacent to parks or other designated open space.
(3) 
Properties with frontage on Route 199 shall be limited to a maximum of two single-lane-width vehicular ingress/egress separated by no more than 20 feet.
[Amended 9-11-2006 by L.L. No. 11-2006]
(4) 
Adjacent parking lots shall have vehicular connections internally.
F. 
Nonconforming highway business uses.
[Added 6-11-2003 by L.L. No. 1-2003]
(1) 
All highway business uses already established prior to January 1, 2001, shall be brought into compliance with the provisions of this subsection by December 31, 2006. Nonconforming highway business uses that are the subject of subdivision, special use permit and/or site plan applications, certificates of occupancy, no-violation letters, or other permit, approval, entitlement, or authorization from the Town of Milan shall be subject to all of the terms and conditions of this (§ 200-14.1) subsection.
[Amended 4-10-2006 by L.L. No. 7-2006]
(2) 
Nonconforming highway business uses shall apply for the appropriate permits upon adoption and filing of this local law. Nonconforming highway business uses shall have five years from the establishment date identified in § 200-14.1F of this chapter to complete all required improvements and obtain required approvals. There shall be no nonconforming highway business uses beyond that date.
(3) 
Upon a showing of diligent pursuit of compliance, the Planning Board is authorized to permit up to two extensions not to exceed six months per extension and to expire no later than December 31, 2007. If any individual businesses are found not to have received personal notification by the Town before the end of 2005, a period of two years will be permitted to come into compliance from the date of notification. Individual extensions beyond these times may be granted by the Town Board upon a showing of diligent pursuit and unforeseen difficulty in complying before December 31, 2007, or the expiration of two years since notification, if later. All extensions shall be obtained in advance of the expiration of time for compliance.
[Added 4-10-2006 by L.L. No. 7-2006]
(4) 
Multiple dwelling units on three individual parcels existed as conversions of earlier commercial structures at the time of the adoption of Local Law No. 3 of 2001. Subject to the regulations of this subsection [§ 200-14.1F(1) through (4)], and subject to the issuance of a special use permit by the Town of Milan Planning Board (as established in § 200-37 and Table A, Schedule of Use Regulations), the use of these three parcels, 6471-00-591614; 6571-00-014366; 6571-00-50825, may continue, to the extent such use is in conformance with all building, safety, health, and fire codes; and is not discontinued or changed as established in § 200-15. Such use in the HB District may not expand to additional dwelling units beyond those existing at the time Local Law No. 3 of 2001 was passed.
[Added 4-10-2006 by L.L. No. 7-2006]
A. 
General. The lawful use of any land or a building or structure or a part thereof existing at the time that this chapter or any amendment thereto becomes effective may be continued, although such use does not conform with the provision of this chapter, except as otherwise provided in this section of the document.
B. 
Termination of nonconforming use. If a nonconforming use of land or a building or a structure has been discontinued for a minimum period of one year, it shall not thereafter be reestablished and the future use of the land, building or structure shall be in conformity with the terms of this chapter.
C. 
Change of nonconforming use. A nonconforming use shall not be changed to other than a conforming use for the district in which it is situated.
D. 
Maintenance of nonconforming use. A nonconforming use is hereby required to be maintained in such condition as will not constitute a danger to the safety, health or general welfare of the public. Alterations and extensions of the nonconforming use, in order to comply with the provisions of this section, are permitted, provided that such alteration or extension shall not tend to increase the inherent nuisance, nor shall such alteration or extension violate any provisions of this chapter regarding yards, lot area or lot coverage for the district in which it is situated or increase any existing violation of such provision.
E. 
Damage to nonconforming use. If any nonconforming building or structure or any building or structure containing a nonconforming use is damaged due to fire, flood, explosion or other cause, it may be restored in substantially the same form and location but without enlargement or extension, provided that such restoration is substantially completed within 12 months of the damage. The time limit may be extended at the discretion of the Zoning Board of Appeals.
F. 
Nonconforming use under construction. No building or structure designed for or intended to be utilized for a nonconforming use shall be constructed, reconstructed or altered, unless construction, reconstruction or alteration is already underway at the time of the enactment or subsequent amendment of this chapter and is being diligently continued so that such building or structure will be completed within 18 months from the time of the enactment or subsequent amendment of this chapter.
G. 
Exemption of dwellings and accessory structures. The limitations of this section shall not apply to a dwelling or accessory structure which is nonconforming only in respect to yard space or area per dwelling and nonconforming to the district in which located, except that no dwelling or accessory structure shall be altered, added to or reconstructed to extend further into an already deficient amount of land area per dwelling unless such violation is granted an area variance by the Zoning Board of Appeals after considering the impact of such alteration or extension using the criteria established in § 200-60F(2).
[Amended 10-12-2004 by L.L. No. 8-2004]