A.
Nonconforming uses are incompatible with and detrimental
to permitted uses in the zoning districts in which they are located,
cause disruption of the comprehensive land use pattern of the Town,
inhibit present and future development of nearby properties and confer
upon their owners and uses a position of unfair advantage.
B.
It is a fundamental principle of this article that
nonconformities may be continued until abandoned but shall not be
increased and shall be reduced to conformity according to the fair
interests of the parties involved.
A.
Any structure, building, sign or other improvement
lawfully existing at the time of adoption or amendment of this chapter
but which is nonconforming by dimension shall be permitted to continue
in the same manner. If said legally nonconforming structure, building,
sign or other improvement is intentionally destroyed, relocated or
altered, it shall lose its nonconforming status. However, if such
destruction, relocation or alteration is the result of fire or a natural
catastrophe, the legal nonconforming improvement may be rebuilt in
its previous configuration.
B.
Any extension, addition or enlargement of a nonconforming
structure shall comply with the dimensional regulations and parking
requirements of this chapter. Additionally, the whole structure must
comply with the zone's maximum lot coverage requirement.
A.
Any use or activity lawfully existing at the time
of adoption or amendment of this chapter but which is nonconforming
by use shall be permitted to continue in the same manner until said
use or activity is abandoned, relocated or changed. Abandoned uses
shall not be reestablished.
B.
Abandonment of a nonconforming use shall consist of
either an owner's (or legal tenant's, if applicable) overt act or
failure to act which demonstrates that there is neither a claim nor
any interest in continuing the nonconforming use. If any nonconforming
use is discontinued for a period of one year, the nonconforming use
will be presumed to have been abandoned unless determined otherwise
by the Zoning Enforcement Officer.
C.
A nonconforming use in any zone shall not be enlarged,
expanded, intensified or changed from one nonconforming use to another
nonconforming use.
A.
A nonconforming residential use may change only to
a use that conforms to the provisions of this chapter.
B.
A nonconforming agricultural, commercial or industrial
use may be changed only to a use that conforms to the provisions of
this chapter or to an equal or less intense use in the same category.
C.
Notwithstanding any other provision herein to the
contrary, property nonconforming by use and dimension may be expanded
by special use permit without the necessity of a dimensional variance.
The interpretation of this article shall not
prohibit the regulation of nuisances.
