A.
In any zone in which a one-family dwelling is permitted,
a one-family dwelling and customary accessory buildings may be erected
on any single lot of record at the effective date of adoption or amendment
of this chapter creating the nonconformity, provided:
(1)
Such lot was a valid, lawfully existing lot prior
to the adoption or amendment of this chapter which created the nonconformity;
and
(2)
The nonconformity of the lot relates to size or area;
and
(3)
All other provisions of this chapter, including yard
requirements, are complied with, or a variance from such compliance
has been obtained from the Board of Appeals.
B.
In addition, upon receipt of a special approval from
the Board of Appeals, a two-family dwelling may be constructed on
such a lot if permitted by the regulations of the zone, subject to
the conditions set forth above, and subject to any conditions (such
as occupancy or dwelling unit size) that govern two-family dwellings
in the zone in which the dwelling is located.
Where, at the effective date of adoption or
amendment of this chapter, a lawful use of land exists that is made
no longer permissible under the terms of this chapter as enacted or
amended, such use may be continued, so long as it remains otherwise
lawful, subject to the following provisions:
A.
Such nonconforming use must not be enlarged or increased,
nor extended to occupy a greater area of land than was occupied at
the effective date of adoption or amendment of this chapter;
B.
Such nonconforming use must not be moved in whole
or in part to any other portion of the lot or parcel occupied by such
use at the effective date of adoption or amendment of this chapter;
and
C.
If any such nonconforming use of land ceases for any
reason for a period of more than one year, any subsequent use of such
land must conform to the regulations specified by this chapter for
the zone in which such land is located.
Where a lawful structure exists at the effective
date of adoption or amendment of this chapter that could not be built
under the terms of this chapter by reason of restrictions on area,
lot coverage, height, yards, or other characteristics of the structure
or its location on the lot, such structure may be continued so long
as it remains otherwise lawful, subject to the following provisions:
A.
No such structure may be enlarged or altered in a
way which increases its nonconformity.
B.
Should such structure be destroyed by any means, in whole or in part, it may be reconstructed in accordance with the provisions of § 270-211 below.
C.
Should such structure be moved for any reason for
any distance whatever, it must thereafter conform to the regulations
for the zone in which it is located after it is moved.
If a lawful use of a structure, or of structure
and land in combination, exists at the effective date of adoption
or amendment of this chapter, that would not be allowed in the zone
under the terms of this chapter as amended, the lawful use may be
continued as long as it remains otherwise lawful, subject to the following
provisions:
A.
No existing structure devoted to a use not permitted by this chapter in the zone in which it is located may be enlarged, extended, constructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the zone in which it is located or to a use permitted pursuant to § 270-210 below;
B.
Any nonconforming use may be extended throughout any
parts of a building which were manifestly arranged or designed for
such use at the time of adoption or amendment of this chapter, but
such use must not be extended to occupy any land outside such building;
C.
Any structure, or structure and land in combination,
in or on which a nonconforming use is superseded by a permitted use
must thereafter conform to the regulations for the zone in which such
structure is located, and the nonconforming use may not thereafter
be resumed;
D.
When a nonconforming use of a structure, or structure
and land in combination, ceases for a period of one year, the structure
or structure and land in combination must not thereafter be used except
in conformance with the regulations of the zone in which it is located;
E.
Where nonconforming use status applies to a structure
and land in combination, removal or destruction of the structure eliminates
the nonconforming status of the land;
F.
Where a nonconforming use exists in an area that has
been or now requires site plan approval for any change of use, the
nonconforming use may not be changed to any other use permitted in
the zone until site plan approval has been obtained pursuant to the
terms of this chapter.
Notwithstanding the provisions above regarding
cessation of nonconforming uses, for purposes of determining whether
a nonconforming use has ceased for a period of one year there shall
be excluded from the calculation of the year period any period of
time during which a nonconforming use was suspended solely because
of a national emergency or temporary government restrictions (other
than zoning restrictions). Upon termination of the national emergency
or the temporary government restriction, the calculation of the year
period shall resume.
Notwithstanding the provisions above prohibiting
enlargement of nonconforming uses, if only a one-family dwelling or
a legally existing two-family dwelling and related accessory buildings
are present on a lot that is of a size or area less than that otherwise
permitted in the zone in which the lot is located, and such lot is
a valid nonconforming lot, such dwelling may be enlarged or altered
provided:
A.
The existing dwelling is in conformance with all requirements
of this chapter except for the fact that it is located on a lot that
is less than the required size or area which lot was of record at
the time of the adoption or amendment of this chapter creating the
nonconformity;
B.
Such alteration or enlargement does not violate any
other provisions of this chapter (e.g., yard, height, or other restrictions);
and
C.
If such dwelling is a single-family dwelling, upon
completion of such enlargement or alteration the building and lot
continue to be used only as a single-family dwelling, provided, however,
that upon receipt of a special approval from the Board of Appeals,
a single-family dwelling may be enlarged to a two-family dwelling,
subject to the conditions set forth above, and subject to any conditions
(such as occupancy or dwelling unit size) that govern two-family dwellings
in the zone in which the dwelling is located.
Nothing in this chapter is deemed to require
a change in the plans, construction, or designated use of any building
on which actual construction was lawfully begun prior to the effective
date of adoption or amendment of this chapter and upon which actual
building construction has been diligently prosecuted and completed
within two years after the effective date of the adoption or amendment
making the use nonconforming.
Except as prohibited above, and subject to the
requirement of obtaining site plan approval if required, a nonconforming
use may be changed to another nonconforming use of the same or more
restrictive classification and when so changed to a more restrictive
use, it shall not again be changed to a less restrictive use. The
order of the classification of restrictiveness from the most restrictive
to the least restrictive shall be as follows:
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Conservation Zones
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Agricultural Zones
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Low Density Residential Zones
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Lakefront Residential Zones
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Medium Density Residential Zones
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High Density Residential Zones
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Mobile Home Park Zones
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Multiple Residence Zones
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Neighborhood Commercial Zones
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Lakefront Commercial Zones
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Office Park Commercial Zones
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Community Commercial Zones
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Vehicle Fueling and Repair Commercial Zones
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Light Industrial Zones
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Industrial Zones
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A.
Nothing herein shall prevent the continued use and
substantial restoration and continued use of a nonconforming building
damaged by fire, flood, earthquake, act of God, or act of the public
enemy, provided that:
(1)
Such restoration is located on, and no larger than,
the footprint of the structure prior to its destruction; and
(2)
Such restoration is completed within one year of the
damage; and
(3)
The use of the building and the manner in which it
was used prior to the loss is recommenced within one year of the damage.
B.
The time limits set forth above may be extended by
the Board of Appeals in cases of practical difficulty or unnecessary
hardship using the same criteria as are applied in determining applications
for an area variance. An application for an extension shall be brought
no later than six months after the expiration of the year period,
or six months after the expiration of any previously granted extension.
The Board of Appeals shall have the jurisdiction
to hear and determine any claims as to whether a particular use is
a valid nonconforming use, or whether a nonconforming use has been
improperly extended or enlarged, or any other matter relating to the
nonconforming uses. Such jurisdiction may be exercised by an appeal
from a decision of the Code Enforcement Officer as hereinafter provided,
or by direct application to the Board in those instances where there
is no application for a permit or certificate before the Code Enforcement
Officer. Any such direct application to the Board of Appeals shall
be made on such forms and contain such information as the Board and/or
the Code Enforcement Officer may determine and shall be delivered
to the Code Enforcement Officer for submission to the Board.
In the event an application is made to the Board of Appeals for a variance to enlarge or alter a nonconforming use, the Board shall apply the same criteria in determining the matter as would be applicable if the application had been made for property that was otherwise conforming. For example, if the application is to enlarge a building that already encroaches on a required side yard, the Board shall use the criteria applicable to considering an area variance. If the application is to change the use to another nonconforming use (which is not permitted pursuant to § 270-210 above), the Board shall use the criteria applicable to considering a use variance.
A.
Notwithstanding any other provisions of this chapter
and in an effort to provide for generally uniform limitations regarding
residential occupancy throughout the residential zones of the Town,
the nonconforming occupancies referred to in this section shall be
terminated as set forth below.
B.
This section shall apply to residential occupancies
in all zones in which residential occupancies are permitted or occur
including any special land use zones which include occupancy of dwellings
as a permitted use.
C.
On and after March 1, 2006, notwithstanding whether a valid nonconforming use or occupancy existed at the time of the enactment of this Chapter 270, Zoning, or at the time of any amendment to this chapter limiting occupancy (including the amendment of 1991 to an earlier version of this chapter limiting occupancy), no dwelling unit shall be occupied except in the manner specifically permitted by the applicable provisions of this chapter and any nonconforming occupancy in a dwelling unit which may have existed prior to the date of the enactment of this section shall be terminated.
D.
The limitations imposed by this section shall not
apply to buildings for which variances from the occupancy requirements
of this chapter have been granted by the Board of Appeals, either
before or after the enactment of this section, or to buildings for
which different occupancy requirements were established by local laws
or resolutions creating or regulating multiple residence zones adopted
either before or after the enactment of this section.
E.
A nonconforming use due to be terminated pursuant
to this section may be extended upon application for a special approval
for such extension from the Board of Appeals. Such approval shall
not be granted unless the applicant establishes and the Board of Appeals
finds that, notwithstanding the fifteen year period for amortizing
a nonconforming use created by the 1991 amendment referred to above,
termination of the nonconforming use would cause serious financial
harm to the property owner not balanced or justified by the advantage
to the public in terms of more complete and effective zoning accruing
from the cessation of such use. In making this determination the Board
shall consider, among other factors (including the factors set forth
elsewhere in this chapter relating to the issuance of special permits
or approvals), i) the nature of the nonconforming use; ii) the cost
of converting to a conforming use; iii) the amount of investment that
existed in the property on March 1, 1991, or if the zoning change
creating the nonconformity was adopted after March 1, 1991, the amount
of such investment on the date of such later zoning change; iv) the
detriment caused by the nonconforming use; v) the character of the
neighborhood; vi) the ability of the landowner to have amortized the
cost of the landowner's investment over the period between March 1,
1991 (or such later zoning change date) and the required termination
of such use; and vii) whether an additional reasonable amount of time
is needed by the owner to amortize the owner's investment. In making
its determination the Board shall disregard, as irrelevant, any costs
for purchase of a nonconforming building or property or costs to repair,
maintain, improve or enlarge a nonconforming property, incurred after
March 1, 1991, or, if the nonconformity was created by a subsequent
zoning change, any such costs incurred after such change. If the extension
is granted, the Board of Appeals shall set a fixed additional period
for the extension of time before the nonconforming use must be terminated.
[Added 8-1-2005 by L.L. No. 7-2005]
Notwithstanding the provisions of §§ 270-203 through 270-214, a valid nonconforming farm use or nonconforming farm structure, in a Medium Density Residential Zone, may be enlarged, increased, altered, or extended upon receipt of a special approval for such action from the Board of Appeals instead of a variance. The criteria for granting such special approval shall be as set forth in § 270-200 rather than the normal criteria for granting a use variance. This section shall apply only when the principal use of the property is as a farm.
[Added 12-29-2021 by L.L. No. 16-2021]
Notwithstanding the other provisions of this Article XXV, a valid nonconforming short-term rental use existing at the effective date of adoption or amendment of § 270-219.7 (Short-term rental uses) creating the nonconformity may continue only if and in the manner and time period specifically permitted by the Zoning Board of Appeals by special approval pursuant to § 270-219.7G. The criteria for granting such special approval shall be as set forth in § 270-2197G. In addition, nothing in this § 270-214.2 affects the ability of an owner to seek a use variance from the ZBA for the nonconformity.
