This article applies to lots, buildings, structures
and nonbuilding uses in existence on the effective date of this chapter.
The lawful use of any such premises or uses existing on the effective
date of this chapter may be continued although neither such use nor
the bulk of the same conforms and/or complies with the requirements,
except as hereinafter provided. No change of title, possession or
right of possession shall be deemed to affect the right to continue
a nonconforming use, building or other structure.
A.
Normal maintenance and repair, structural alteration,
reconstruction or enlargement of a building or structure with noncomplying
bulk is permitted if the same does not increase the degree of or create
any new noncomplying bulk in such building or structure.
B.
Noncomplying lots.
[Amended 12-27-2005 by L.L. No. 7-2005]
(1)
Except as set forth in Subsection B(3) below:
(a)
Where there are two or more adjoining noncomplying
lots in a subdivision approved by the Planning Board or filed in the
office of the County Clerk more than three years prior to December
27, 2005, and which are held in the same ownership on December 27,
2005, said lots shall be deemed merged to create a single building
lot.
(b)
Where there are two or more adjoining noncomplying
lots in a subdivision approved by the Planning Board and filed in
the office of the County Clerk prior to December 27, 2005, but less
than three years prior to December 27, 2005, and which are held in
the same ownership on the effective date of this chapter, said lots
shall be exempt from the lot size and other dimensional requirements
of this chapter for a period of three years from the date of filing
in the office of the County Clerk, but said lots shall be deemed merged
to create a single building lot at the end of said three-year period.
(c)
Where there are two or more adjoining noncomplying
lots in a subdivision approved by the Planning Board and filed in
the office of the County Clerk after December 27, 2005, but which
are made noncomplying as to lot size or other dimensional requirement
by any amendment of this chapter and which are held in the same ownership
on the effective date of such amendments, said lots shall be exempt
from the requirements of such amendment for a period of three years
from the date of filing in the office of the County Clerk, but said
lots shall be deemed merged to create a single building lot at the
end of said three-year period.
(2)
Where the Zoning Board of Appeals grants variances
to all such merged lots so as to authorize such lots as valid building
lots, the owner is not required to apply to the Planning Board to
obtain subdivision approval of said merged lots.
C.
A lot shall not be considered noncomplying with respect
to the front yard requirement of this chapter if said condition is
the result of a street right-of-way widening reservation or dedication,
whether in fee or easement, required by the Planning Board at the
time of subdivision or site development plan approval.
D.
Where an existing residence or a proposed addition
thereto does not comply with the side yard requirements of this chapter,
the addition may be constructed without a variance, notwithstanding
such noncompliance, provided that each side yard is at least 20 feet
and the combined side yards dimension is at least 45 feet.
A.
Repair and alterations. Normal maintenance and repair
of a building or structure is permitted if it does not extend or enlarge
the nonconforming use. No extension, alteration or enlargement shall
be made in a building or structure occupied by a nonconforming use,
nor in a nonconforming nonbuilding use, except:
B.
Change of use. Any nonconforming use may be changed
to any conforming use or, on application to and with the approval
of the Board of Appeals, to any use which the Board of Appeals deems
to be more similar in character with the uses permitted in the district
in which said change of use is proposed. Any nonconforming use may
be changed to a conforming use, even if the building or structure
occupied by said use is noncomplying as to bulk; provided, however,
that said change must be approved by the Zoning Board of Appeals and
is subject to all other applicable requirements including site plan
approval. No nonconforming uses, buildings or other structures, if
once changed to conform with this chapter, shall thereafter be changed
so as to be made nonconforming.
C.
Cessation of use. If active and continuous operations
are not carried on in a nonconforming use during a continuous period
of one year, the building or land where such nonconforming use previously
existed shall thereafter be occupied and used only for a conforming
use. Intent to resume active operations shall not affect the foregoing.
The time period set forth herein shall be tolled for any cessation
of use caused by and pursuant to a court order.
D.
"Permitted extension or enlargement" shall mean:
(1)
In the case of a nonconforming use in a building,
the enlargement or extension of such use within any existing building
to any portion of the floor area therein not formerly used for such
nonconforming use, but only where such additional floor area was manifestly
designed for such use at the time such use became nonconforming.
(2)
In the case of a nonconforming nonbuilding 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; and, further, provided that such extension or
enlargement is granted site development plan approval.
E.
Damage and destruction.
(1)
A building or structure occupied by a nonconforming
use damaged by fire or other causes to the extent of at least 75%
of last full value as shown in the records located in the Town Assessor's
office, excluding the assessed valuation of the land thereof, shall
not be repaired or rebuilt except in conformity with the requirements
of this chapter. Any building, structure or any part thereof occupied
by a nonconforming use which is damaged to an extent less than 75%
of last full value as shown in the records located in the Town Assessor's
office, excluding the assessed valuation of the land, may be repaired,
provided that a building permit is obtained within one year after
such damage; otherwise such building, structure or part thereof shall
thereafter be occupied only by a conforming use and shall comply with
the bulk requirements of this chapter.
(2)
A noncomplying building or structure which is not
used by a nonconforming or illegal use and which is damaged or destroyed
may be reconstructed or repaired, provided that the reconstructed
or repaired building or structure complies with all requirements of
this chapter; or is no greater in size than the former building or
structure and any deviations from the requirements of this chapter
are varied by the Zoning Board of Appeals.
A.
No unlawful building or structure or unlawful use
of a building or structure, lot or land existing at the effective
date of this chapter shall be deemed to be a nonconforming building,
structure or use.
B.
All buildings or structures or use of a building or
structure, lot or land lawfully existing prior to the effective date
of this chapter or subsequent amendments thereto which do not conform
to the provisions of this chapter shall be the subject of an application
filed within six months in the office of the Building Inspector so
that their status as legal nonconforming uses may be established.
[Added 7-13-1998 by L.L. No. 1-1998]
Any adult use in lawful existence on the effective
date of this section shall, within one year of such effective date,
be either terminated or caused to comply with all provisions of this
chapter. The owner of property containing such an adult use may apply
to the Zoning Board of Appeals for an extension of said one-year amortization
period for such additional time deemed necessary by the Zoning Board
of Appeals for the adult use to recoup its expenditures. Failure to
make such application to the Zoning Board of Appeals prior to expiration
of the one-year period shall be deemed a waiver of this opportunity
to seek an extension of the amortization period.
