The following provisions shall apply to all
buildings and uses existing on the effective date of the Comprehensive
Development Regulations which do not conform to the requirements set
forth in the Comprehensive Development Regulations, and to all buildings
and uses that become nonconforming by reason of any subsequent amendment
to the Comprehensive Development Regulations.
Any nonconforming use of buildings or open land, except those specified in § 225-15 herein, may be continued, except that the same:
A.
Shall not be enlarged, altered, extended, reconstructed or restored, except as provided in Subsection E below, or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of the Comprehensive Development Regulations; nor shall any external evidence of such use be increased by any means whatsoever without the approval of the Zoning Board of Appeals, and then only after a finding by the Zoning Board of Appeals that the proposed new alteration, extension, reconstruction, restoration or placement of the nonconforming use will be in closer compliance with the provisions of the Comprehensive Development Regulations and shall have a minimal detrimental effect upon adjoining conforming uses.
[Amended 4-27-2022 by L.L. No. 5-2022]
B.
Shall not be moved to another location where such
use would be nonconforming without the approval of the Zoning Board
of Appeals, and then only after a finding by the Zoning Board of Appeals
that the proposed new location of the nonconforming use will be in
closer compliance with the provisions of the Comprehensive Development
Regulations and shall have a minimal detrimental effect upon adjoining
conforming uses.
[Amended 4-27-2022 by L.L. No. 5-2022]
C.
Shall not be changed to another nonconforming use
without the approval of the Zoning Board of Appeals, and then only
after a finding by the Zoning Board of Appeals that the proposed new
nonconforming use will be in closer compliance with the provisions
of the Comprehensive Development Regulations and shall have a minimal
detrimental effect upon adjoining conforming uses.
D.
Shall not be reestablished if such use has been discontinued
for any reason for a period of one (1) year or more, or has been changed
to or replaced by a conforming use. Intent to resume a nonconforming
use shall not confer the right to do so.
E.
Shall not be restored for other than a conforming
use after damage for any reason exceeding seventy-five percent (75%)
of its assessed value. If the restoration of a building whose damage
does not exceed fifteen percent (15%) of its assessed value, or its
bulk is not completed within a one-year period, the nonconforming
use of such building shall be deemed to have been discontinued.
[Amended 6-27-2007 by L.L. No. 11-2007]
A.
Nothing in this article shall be deemed to prevent
normal maintenance and repair of, structural alteration in, or enlargement
of a noncomplying building, provided that such action does not increase
the degree of or create any new nonconformity or noncompliance with
regard to the regulations pertaining to such buildings.
B.
A noncomplying building destroyed by fire or other
casualty may be rebuilt, provided that such action does not increase
the degree of or create any new nonconformity or noncompliance with
regard to the regulations pertaining to such buildings, and provided
that:
(1)
Construction shall commence within a period of six
months from the time of destruction; however, for good cause shown,
the Commissioner of Public Works may allow a maximum of one successive
additional period of six months;
(2)
Construction shall be completed within one year of
the issuance of a building permit for reconstruction; however, for
good cause shown, the Commissioner of Public Works may allow a maximum
of two successive additional periods of six months;
C.
If a noncomplying building is substantially demolished
for a reason other than casualty, any future construction on the site
shall conform to the Town Code and other regulations in effect at
the time of future construction and pertaining to such buildings.
However, any single-family detached dwelling substantially demolished
for any reason may be rebuilt to the square foot floor area and livable
floor area existing at the time of substantial demolition, provided
that all other regulations and requirements of the Town Code as of
the date of application for a building permit are met.
Each of the nonconforming uses specified in this section is
deemed sufficiently objectionable, undesirable and out of character
in the district in which such use is located to depreciate the value
of other property and uses permitted in the district and blight the
proper and orderly development and general welfare of such district
and the community to the point that each such nonconforming use must
be terminated, which period of time is specified for the purpose of
permitting the amortization of the remaining value, if any, of such
use:
A.
In any residential district, any nonconforming use of open land,
including but not limited to such uses as a parking lot, trailer,
junkyard or open storage yard for materials or equipment, may be continued
for three years after the effective date of the Comprehensive Development
Regulations, provided that, after the expiration of that period, such
nonconforming use shall be terminated.
B.
Any sign that is now nonconforming by reason of a previous ordinance
shall be terminated by January 1, 1998.
C.
Any nonconforming use of land as an e-cigarette and/or vapor sales
establishment, as defined herein, shall be terminated by January 1,
2022.
[Added 12-14-2016 by L.L.
No. 1-2017]
Each of the nonconforming uses specified in
this section is deemed sufficiently objectionable, undesirable and
out of character in the district in which the use is located to depreciate
the value of other property and uses permitted in such district and
blight the proper and orderly development and general welfare of such
district and the town to a point requiring that each of such nonconforming
usesbe modified to the extent possible within a specified period of
time as set forth below:
A.
In any residential district, any nonconforming open use, regardless of the presence of any buildings thereon, may be continued as is for one (1) year after enactment of the Comprehensive Development Regulations, during which time the Building Inspector shall notify each property owner that the use of such property is terminated unless within sixty (60) days the owner applies to the Planning Board for a conditional use permit pursuant to Chapter 217, Planning Board, Article II. On or before the expiration of said one-year period, such nonconforming use shall be modified in accordance with such reasonable conditions as shall be imposed by the Planning Board when issuing a conditional use permit, which conditions shall be designed to minimize any detrimental effect that such open use may have on adjoining or nearby lots in a residential district.
B.
In any district other than a residential district,
any use which is nonconforming because it is not located within a
building fully enclosed on all sides may be continued for three (3)
years after the effective date of the Comprehensive Development Regulations,
provided that after the expiration of that period such nonconforming
use shall be terminated. Any other provision to the contrary notwithstanding,
however, no such use will be required to terminate if, within the
said period, such use shall be located within a completely enclosed
building complying with the requirements of the district in which
it is located, or, if within the said period, such use shall be surrounded
with a solid fence or material and design acceptable to the Planning
Board, which fence shall be one (1) foot higher than any material
stored outdoors, provided that such fence shall be maintained in good
condition at all times.
Notwithstanding any of the foregoing regulations,
nothing in this Article shall be deemed to prevent normal maintenance
and repair of any use or building, or the carrying out, upon the issuance
of a building permit, of major structural alterations or demolitions
necessary in the interest of public safety. In granting such a building
permit, the Building Inspector shall state the precise reason why
such alternations were deemed necessary.
[Amended 11-25-2008 by L.L. No. 6-2008]
It shall be the responsibility of the owner
of record to prove that the activity or condition is preexisting nonconforming.
The owner may file an affidavit of nonconforming use with the Building
Inspector, which affidavit shall contain the legal description of
the affected property, the purpose for which the property is used
and any other factors deemed necessary to establish nonconformity.
The affidavit shall be accompanied by a fee as set from time to time
by the Town Board. The Building Inspector or designee shall make an
examination verifying the existence of the nonconformity and shall
endorse the verified affidavit, and it shall be filed with the Town
Clerk. The Town Clerk’s fee required for filing the affidavit
of nonconforming use shall be paid by the applicant. The verified
affidavit shall constitute presumptive evidence which will permit
the continuance of the nonconformity. The nonconformity may be abolished
or abated either by presentation of competent evidence regarding controversy
surrounding the nonconforming use of the property to the Zoning Board
of Appeals or by filing a waiver conferred by the owner of record
of the property described in the affidavit.
