[Amended 6-23-2015 by L.L. No. 2-2015]
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 such lot, building,
structure or nonbuilding use does not conform to the use or bulk requirements
of this chapter, except as hereinafter follows. 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.
Residential buildings or structures. Any existing
one- or two-family residential building or structure or building accessory
thereto made noncomplying as to bulk by this chapter or any amendment
thereof shall be permitted to comply with the yard and bulk requirements
as specified for the most restrictive residential district having
the same or less lot width. The lot itself shall then have the yards
and bulk requirements for that district. No front yard may in any
event be closer to the designated street line than the established
setback, except where the established setback exceeds the required
front yard.
[Amended 3-28-1989]
B.
Nonresidential buildings or structures. Normal maintenance
and repair, structural alteration in or 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.
C.
Two or more adjoining noncomplying subdivision lots,
regardless of ownership, in a subdivision approved by the Planning
Board shall have three years from the date of filing with the office
of the County Clerk to obtain a building permit. Two or more adjoining
noncomplying lots in a subdivision approved by the Planning Board
and filed with the office of the County Clerk more than three years
prior to the effective date of this chapter and in the same ownership
shall not be eligible to receive a building permit. Said subdivision
or part thereof shall be resubmitted to the Planning Board for approval
in accordance with the applicable provisions of this chapter. Any
lot in a subdivision approved by the Planning Board after the effective
date of this chapter, but which is made noncomplying as to bulk by
any future amendments of this chapter, shall have three years from
the date of filing to obtain a building permit.
D.
A lot shall not be considered noncomplying with respect
to the front requirements 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.
A.
Repair and alterations. Normal maintenance and repair
of a building or structure is permitted if it does not extend 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 nonconforming use. Any lot on which a lawfully nonconforming use has been conducted shall not be used for any other nonconforming use. A nonconforming use shall not be expanded or extended above the level or intensity at which such use existed on the date in which it became nonconforming, except as may be permitted in Subsection A above and Subsection D below. A nonconforming use may be changed to a conforming use permitted in the underlying zoning district and the use of a dimensionally nonconforming building or structure may also be changed to a conforming use without impacting the dimensionally nonconforming status of such building or structure, but which change in use shall be subject to the use provisions of this chapter, as well as the standards for the granting of conditional use permits, special permits and/or site development plan approval. No nonconforming use, building or other structure, once changed to conform with the requirements and standards of this chapter, shall thereafter be changed so as to be nonconforming again.
[Amended 6-23-2015 by L.L. No. 2-2015]
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 pursuant
to a court order.
[Amended 6-23-2015 by L.L. No. 2-2015]
(1)
Removal (not involving normal and reasonable maintenance and repair)
of a nonconforming building, structure or portion thereof dimensionally
nonconforming shall constitute a discontinuation and abandonment of
same.
(2)
Removal of a building, structure or other developed or operational
feature shall constitute a discontinuation and abandonment of any
nonconforming use or portion thereof.
(3)
The discontinuance of a nonconforming use and replacement thereof
by a conforming use, for any period of time, no matter how short,
shall constitute abandonment of the nonconforming use. Such replacement
by a conforming use shall occur when the portion of the lot, building
or structure formerly devoted to a nonconforming use is used for a
conforming use.
D.
Permitted extension or enlargement shall mean and
shall be subject to site development plan approval:
[Amended 7-23-2013 by L.L. No. 5-2013]
(1)
In the case of a nonconforming use in a building,
the enlargement or extension of such use so as to create additional
floor areas within any existing building to any portion of the floor
area therein not formerly used for such nonconforming use, except
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.
E.
Damage and destruction. A building or structure occupied
by a nonconforming use or which is dimensionally nonconforming, which
is damaged by fire or other causes to the extent of 75% of last full
market 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 such building, structure or any part thereof
which is damaged to an extent less than 75% of last full market value
as shown in the records located in the Town Assessor's office, excluding
the assessed valuation of the land, may be repaired but not enlarged
or extended except in conformity with the use and bulk requirements
of this chapter, 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.
[Amended 3-28-1989; 6-23-2015 by L.L. No. 2-2015]
