A.
Continuation. Any structure or use which was legal
when built or commenced and which was in existence at the time of
enactment or amendment of this chapter, which becomes nonconforming
as a result of such enactment or amendment, may be continued, except
that:
(1)
A sign which is nonconforming under this chapter or under any previous ordinance or chapter shall be subject to the provisions of § 220-39D(6).
(3)
All nonconforming uses shall be required to comply
with the requirements of the AQO District that pertain to the management
of solid waste and hazardous substances.
B.
Discontinuance. If a nonconforming use of land or structures is discontinued for a period of one year, it shall not thereafter be reestablished except as provided in Subsection C, and any future use shall be in conformity with this chapter.
C.
Reestablishment. The Planning Board may issue a special
permit for the reestablishment of the use after the one-year period
has expired if the applicant has been prevented from continuing the
use during the one-year period due to strikes, acts of God, disability,
or other similar hardship beyond the applicant's control.
D.
Restoration, expansion, and repair. A nonconforming
use or structure shall not be extended, enlarged, or structurally
altered except as provided below. The extension of a conforming use
to any portion of a nonconforming structure shall not be deemed the
extension of a nonconforming structure or use.
(1)
A nonconforming structure or use may be rebuilt in
the event of its total or partial destruction, to occupy the same
or a lesser amount of footprint, but may not exceed the original height
of the totally or partially destroyed structure. Such rebuilding shall
require site plan review by the Planning Board.
(2)
A nonconforming use or structure may be repaired or
restored to a safe condition.
E.
Change of nonconforming use. A nonconforming use of a structure or parcel of land may, upon issuance of a special permit by the Planning Board, be changed to another nonconforming use which is of the same or lesser impact, except that no use prohibited by § 220-10C shall be permitted under any circumstances. No structure 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 impact criteria listed in § 220-63.
F.
Special permit uses. Any preexisting legal use which
is allowable by special permit under this chapter, but which has not
been issued a special permit, shall be considered a permitted use.
The expansion of such a use, other than a single-family or two-family
residence, shall require site plan approval.
G.
Construction started prior to this chapter. Any structure for which construction was begun prior to the effective date of this chapter, or of any amendment thereto, may be completed and used in accordance with the approved plans and specifications for such structure. Any structure for which construction has not begun pursuant to approved plans shall be subject to the provisions of this chapter and any amendments thereto, even if all preconstruction approvals have been granted. For purposes of this Subsection G, "beginning construction" shall mean excavation and pouring of footings or the installation of any other means of permanently attaching a structure to the ground.
A.
Any lot of record created prior to September 1, 2007,
which does not comply with the area, density, or dimensional requirements
of this chapter shall be deemed to comply with such requirements,
and no variance shall be required for its development or for any addition
to or other alteration of a structure, provided that the following
conditions are satisfied:
(1)
The following minimum area and dimensions are maintained,
unless smaller dimensions are permitted in the district:
(2)
All Health Department regulations are satisfied.
(3)
Any residential use of such a nonconforming lot shall
be limited to one single-family dwelling. On nonconforming lots of
two acres or more, two-family dwellings shall be permitted with site
plan approval by the Planning Board. Nonresidential uses of nonconforming
lots shall be those permitted in the zoning district in which the
lot is located, subject to the applicable review requirements of that
district.
B.
A nonconforming lot may be subdivided only if the
subdivision plat shows that every subdivided portion of such lot will
be merged with adjoining properties to increase the area of such properties,
thereby eliminating the nonconforming lot.
C.
Notwithstanding the foregoing provisions, any undeveloped lot in a subdivision which was not properly approved by the Planning Board or Town Board or not filed in the Office of the County Clerk, and whose area or dimensions do not comply with the requirements of this chapter, shall be considered a violation of this chapter and shall not be protected under Subsection A.
Site plan approvals, special permits, and building
permits granted under prior authority, including all conditions attached
to such approvals and permits, shall have full force and effect, except
that any amendments to such approvals or permits shall comply with
this chapter.
