Except as otherwise expressly provided in these
regulations, a nonconforming use of any land or improvement or a nonconforming
characteristic of any land or improvement which has not been changed
to conformity with these regulations or otherwise terminated may remain
and be continued and shall not be required to conform to these regulations.
A nonconforming use of any land or improvement
and a nonconforming characteristic of any land or improvement may
be changed if the new or resulting use or characteristic conforms
to these regulations, but once changed, such use shall not be then
changed back to the original nonconforming use.
[Amended 11-1-2016]
No use of any land or improvement having a nonconforming characteristic
and no nonconforming use or characteristic of land or improvement
shall be resumed or restored if it is abandoned, unless such use or
improvement conforms to these regulations.
[Amended 6-3-2008; 11-1-2016]
A. Casualty. Any building or structure containing a nonconforming use,
which has been destroyed or damaged by fire, explosion, flood, or
any act of God or public enemy, may be restored to the same dimensions,
floor area and cubic volume lawfully existing immediately prior to
such damage or destruction, provided such restoration is commenced
within one year, and completed within two years of such damage or
destruction.
B. Substitution. Any nonconforming use may be replaced with another nonconforming use, as a special exception in accordance with Article
XXXVI of these regulations, provided that such replacement use is consistent with the public health, safety and welfare; with the character of the neighborhood, adjacent properties and zones; with the appropriate and orderly development of the neighborhood, adjacent properties, and zones; and provided, further, that such replacement use creates no greater impact on the property, the neighborhood, adjacent properties and zones, in terms of parking, volume and types of traffic, property values, hours of operation, exterior appearance of the building, structure or lot, or any other factors to be considered by the Commission pursuant to Article
XXXVI of these regulations.
C. Voluntary abandonment. Any person who has the right of reestablishment
or reconstruction as provided in this section may elect voluntarily
to abandon such right, in which case the right shall cease to exist.
Such abandonment must be evidenced by a document filed in the Land
Records of the Town of Killingworth.
Whenever any land, upon which is located one
or more nonconforming improvements, is subdivided for sale or rental,
or lot lines of any such land are otherwise defined, the characteristics
of all parcels resulting therefrom shall conform to these regulations.
The provisions of this article shall not be
construed to permit, and there shall not be permitted, accessory to
a nonconforming use or improvement:
B. Building. The construction or use of any building
for residence purposes;
C. Waste material. The use of any land for the storage or keeping of any material described in Article
XXI;
D. Vehicles. The parking or storage of any commercial
motor vehicles; or
E. Alcoholic beverage. The service or the sale of alcoholic beverages,
unless such use or improvement itself is a nonconforming one or conforms
to these regulations.
[Amended 11-1-2016]
Any use of land or improvement and any improvement
of a characteristic of land or improvement which is permitted only
when authorized by the grant of a special exception hereunder but
which was legally and actually existing at the effective date of these
regulations, or any pertinent amendment thereto, shall be deemed to
be nonconforming unless and until a special exception is granted therefor
hereunder.