The purpose of this article is to provide for the regulation
of nonconforming (grandfathered) buildings, structures, and uses,
and to specify those circumstances and conditions under which nonconforming
buildings, structures, and uses are permitted to continue.
The footprint of nonconforming buildings and uses cannot be
expanded by more than 10%, or in any way enlarged, without the granting
of a conditional use permit by the Zoning Board of Appeals. Further,
the expansion will only be allowed once, and it is required that the
alteration make the nonconforming use more compatible, such as expansion
necessary to bring the structure into compliance with state or local
laws or regulations which are designed to protect the public health
and safety.
No nonconforming building or use can be changed to other than
a conforming use for the zoning district in which it is situated.
A nonconforming use must be maintained in such a condition that
it will not constitute a danger to the safety, health, or general
welfare of the public. Failure to comply with this requirement shall
cause a lawful nonconforming building or use to be terminated when
maintenance has not been completed within six months of notification
of the owner by the Building Inspector or Code Enforcement Officer.
If a nonconforming use or the use of a nonconforming building,
structure, or property is discontinued for a period of 12 consecutive
months, the lawful nonconforming use is terminated, and any subsequent
use of the building, structure, or property must comply with the requirements
of the zoning district in which it is located.
There may be occasions when the landowner and Building Inspector
or Code Enforcement Officer do not agree on the date on which a nonconforming
use was discontinued, damaged, or destroyed. In these instances, the
burden is on the landowner to demonstrate when said discontinuance,
damage, or destruction occurred. Proof should be in the form of a
utility bill, telephone bill, business receipt, police report, canceled
rent payment check, or any other written documentation that clearly
identifies a date on which the nonconforming use was still operating
or the date on which it was definitively discontinued, damaged, or
destroyed. Further, in those instances when the date of discontinuance,
damage, or destruction is in dispute, the landowner must also provide
a notarized affidavit swearing to the date or dates on which the nonconforming
building or use was still operating or to the date on which the nonconforming
building or use ceased operation.
In instances where an existing lot of record is nonconforming
relative to lot size, lot width, and/or lot depth, an area variance
to waive these dimensional requirements is not required in order for
a building permit to be secured. However, any new construction on
a nonconforming lot must comply with the applicable setback, height,
and lot coverage requirements.