A.
It is the purpose of this article to limit the injurious
impact of nonconforming uses or structures on adjacent properties
within a particular district and on the community as a whole, while
recognizing that alterations, continuations and extensions of nonconforming
uses or structures may not be contrary to the public interest or the
general purpose of this Zoning Law when failure to allow such alteration,
continuation or extension would itself lead to neighborhood or district
deterioration. It is further the purpose of this article to prescribe
those standards which are to be applied by the Town in determining
the reasonableness of a proposal to alter, continue or extend a nonconforming
use. The following are regulations which shall apply to the alteration,
continuation or extension of nonconforming uses.
B.
Any use that becomes nonconforming as a result of
the adoption of this chapter shall be deemed permitted for the extent
of the continuation of said nonconforming use. A nonconforming use
may be permitted to expand after the adoption of this chapter, provided
that the total area utilized for the expansion of the nonconforming
use may not exceed 50% of the area legally utilized as of the date
the use became nonconforming.
Normal maintenance and repair of a nonconforming
use is allowed, as well as minor additions, alterations and interior
renovations that do not structurally alter the building or area or
result in the increased use of the building or area, or otherwise
create more incompatibility with the surrounding permitted uses.
[Amended 3-25-1992 by L.L. No. 2-1992]
All changes and additions to nonconforming uses or proposals for expansion, reconstruction or reestablishment of such uses, excepting those identified in § 50-24 above, shall be considered special uses subject to the specific procedures and review criteria contained in Article VII of this chapter, and permits for alterations, changes in use or additions of one sort or another to a nonconforming use shall be granted only after a determination by the Planning Board that the special use criteria of Article VII of this chapter have been complied with and that the following additional conditions have been or will be satisfied:
A.
Storage of materials. There shall be no increase in the amount of materials, supplies or products that is stored outside a nonconforming facility, excepting those types of uses outlined in Subsection B.
B.
Screening. Where the nonconforming activity is one
which necessarily results in the storage of quantities of material,
supplies or products outside (such as a sawmill, farm machinery sales
operation or similar operation), the use may only be expanded if a
solid fence of wood or planting strip of dense evergreen nursery material
not less than six feet in height is present on all sides of the immediate
area used for outside storage. Stored material shall not exceed the
height of the screening and in no event nine feet.
C.
Yards and setbacks. No addition, change or expansion
of a nonconforming use shall create further nonconformity by violation
of yard, setback and height regulations of the district in which the
use is located.
D.
Parking and traffic. In no case will a change, addition
or expansion of a nonconforming use be allowed which would result
in the diversion of traffic or relocation of a driveway on the site
to any point nearer a residential property or result in violation
of any of the parking and unloading requirements of this chapter.
If the total number of parking spaces for the site is to be increased
more than 25% over those available as of the date the use became nonconforming,
the entire parking area shall be screened from nearby residential
areas. Nothing herein shall prohibit the Town from requiring additional
parking where such action would reduce or eliminate an existing or
potential parking problem.
E.
Extension onto other properties of record in the same
ownership. The use may only be expanded or extended onto a new property
of record if that property is immediately abutting to the existing
location, the properties were both under the same ownership as of
the date the use became nonconforming and the owner has clearly exhausted
the alternatives available for expansion on the existing property.
F.
Prohibited expansions. Uses which are prohibited as
a new use in all districts within the Town shall not be expanded or
extended.
If any nonconforming structure or use is damaged or destroyed as a result of a casualty, it may be restored or reconstructed within 24 months of the date of the occurrence, subject to the conditions set forth in § 50-25.
A.
A nonconforming use which has been abandoned may,
pursuant to special use procedures, be reestablished within a period
of 12 months from the date that the abandonment had occurred. Thereafter,
the use shall not be reestablished and any future use shall be in
conformity with the provisions of this chapter. A nonconforming use
shall be considered abandoned when, among other circumstances:
(1)
The intent of the owner to discontinue the use is
apparent by the posting of signs, boarding of windows or failure to
pay taxes or assessments due, or similar actions or lack thereof;
(2)
The equipment or furnishing used in furtherance of
the nonconforming use have been removed from the premises;
(3)
The nonconforming use has been replaced by a conforming
use or changed to a special use by permit of the Planning Board; or
(4)
The building is not occupied for a period of one year.
B.
The Code Enforcement Officer shall issue, upon request,
a certificate of nonconformance to any owner of a nonconforming structure
or use.
A single-family dwelling may be erected on any
existing lot of record as of the adoption of this chapter, provided
that the proposed construction will be in conformance with the front
yard requirement and no side or rear yard is reduced to less than
50% of the requirement for the district in which the lot is located.
