No building shall be erected, constructed, moved,
altered, rebuilt or enlarged, nor shall any land, water or building
be used, designed or arranged to be used for any purpose, except in
accordance with this chapter.
A.
Minimum requirements. In interpreting and applying
this chapter, the requirements contained herein are declared to be
the minimum requirements for the protection and promotion of the public
health, safety, morals, comfort, convenience and general welfare.
This chapter shall not be deemed to affect in any manner whatsoever
any easements, covenants or other agreements between parties, except
as follows.
B.
Conflicting standards. Where this chapter imposes
a greater restriction upon the use of buildings or land or upon the
erection, construction, establishment, moving, alteration or enlargement
of buildings than is imposed by easements, covenants or agreements
or by public ordinances, rules, regulations, licenses, certificates
or other authorizations, the provisions of this chapter are intended
to prevail.
[Amended 3-4-2013 by L.L. No. 2-2013]
A.
Except as otherwise provided herein, the lawfully
permitted use of land or building existing at the time of the adoption
of this chapter may be continued although such use does not conform
to the standards specified by this chapter for the district in which
such land or buildings is located. Said uses shall be deemed nonconforming
uses.
B.
Nonconforming use of land or building. The nonconforming use of land
or a building may be continued; provided, however, that if such nonconforming
use of land or building or any portion thereof ceases for any reason
for any continuous period of more than one year or is changed to a
conforming use, any future use of the land or building shall be in
conformity with the provisions of this chapter.
C.
Expansion of nonconforming use. A nonconforming use of a building
or of land shall not be enlarged or extended unless the use therein
is changed to a conforming use, except that the Planning Board may
issue a special use permit allowing an expansion of a nonconforming
use by up to 50% of its area in gross square feet at the time of the
effective date of this chapter, provided that all other requirements
for a special use permit can be met and that such expansion does not
reduce any nonconforming setbacks by more than 20%.
D.
Change in nonconforming use. Any change in a nonconforming use to
a conforming use shall be permitted in accordance with the requirements
of the Zoning Law. A nonconforming use of land or a building may be
changed to another nonconforming use only with the issuance of a special
use permit and upon the finding by the Planning Board that the proposed
nonconforming use is of the same or lesser impact. No land upon which
or building in which a nonconforming use has been changed to a use
of lesser impact shall again be devoted to a nonconforming use with
greater impact. In determining whether a use is of greater or lesser
impact, the Planning Board shall consider the following criteria:
(1)
The new use shall not result in excessive off-premises noise, dust,
odors, solid waste or glare, or create any public or private nuisance.
(2)
The new use shall not cause a significant increase in traffic, impair
pedestrian safety, or overload existing roads. In no case will a change
to another nonconforming use be allowed which would result in a traffic
increase that would decrease the level of service for the highway.
(3)
The new use shall be suitable for the property on which it is proposed,
considering the size, location, topography, vegetation, soils, natural
habitat, and hydrology, and, if appropriate, its ability to be buffered
or screened from neighboring properties and public roads.
(4)
The new use shall not pose a threat to public health or safety.
[Amended 3-4-2013 by L.L. No. 2-2013]
A building that is conforming in use but which
does not conform to the height, yard, land coverage, minimum floor
area per family, parking or loading space requirements of this chapter
shall not be considered to be nonconforming within the meaning of
this chapter. However, no permit shall be issued for any changes that
would result in an increase of any such nonconformity, except as provided
below:
A.
The expansion
of a conforming use to any portion of a nonconforming structure shall
not be deemed the expansion of a nonconforming structure.
B.
Rebuilding.
A nonconforming structure may be rebuilt in the event of its total
or partial destruction, to occupy the same or a lesser footprint of
the nonconforming structure, but may not exceed the original nonconforming
height of the totally or partially destroyed structure. Such rebuilding
shall require site plan review and approval by the Planning Board.
C.
Expansion.
The Planning Board may issue a special use permit allowing an expansion
of a nonconforming structure by up to 50% of its area in gross square
feet at the time of the effective date of this chapter, provided that
all other requirements for a special use permit can be met and that
such expansion does not reduce any nonconforming setbacks by more
than 20%.
D.
Repair.
A nonconforming structure may be repaired or restored to a safe condition.
[Amended 5-24-2010 by L.L. No. 6-2010]
Nothing in this chapter shall prevent the restoration
or reconstruction of a building damaged or destroyed by fire or other
casualty, provided that such restoration is reviewed and approved
by the Planning Board, does not extend the nonconformity and is commenced
within eight months after the date of the fire or other casualty and
is completed within two years after such date, which periods may be
extended by the Code Enforcement Officer for good cause shown. Nothing
in this chapter shall prevent the strengthening or restoring to a
safe condition of any wall declared to be unsafe by the Code Enforcement
Officer.
[1]
Editor's Note: Former § 171-17,
Nonconforming signs, was repealed 2-12-1990 by L.L. No. 2-1990.
