[Amended 5-20-2010 by L.L. No. 4-2010]
Subject to the provisions of this article, a
nonconforming structure or use or a structure containing a nonconforming
use may be continued and maintained in reasonable repair but may not
be enlarged or extended as of the date of enactment of this chapter.
This article shall not be construed to permit any unsafe use or structure
or to affect all proper procedures to regulate or prohibit the unsafe
use or structure.
[Amended 7-27-2017 by L.L. No. 2-2017]
A nonconforming use may not be extended, altered,
or otherwise changed into another nonconforming use, except upon approval
of a special use permit. In addition to the criteria for such special
use, the Planning Board shall also make the following factual determinations
before granting any special use permit to alter, extend or change
a nonconforming use:
A.
The new use, alteration, or extension is more in conformance
with the applicable zoning than the former, preexisting use; and
B.
The change in use, alteration or extension will not
cause an undesirable change in the character of the neighborhood within
which it is proposed; and
C.
The change in use, alteration or extension will not
have an adverse impact upon the physical or environmental characteristics
of the neighborhood or district; and
D.
If the Planning Board shall determine that the application
for change, alteration or extension of a nonconforming use meets the
requirements of this section, then the Planning Board is authorized
to further consider the application for special use permit upon such
terms and conditions as determined necessary to reduce both the degree
of nonconformity and in mitigation of any substantial impacts to the
immediate neighborhood.
If a nonconforming use is discontinued for a
period of 12 consecutive months, further use of the property shall
conform to this chapter or be subject to review by the Zoning Board
of Appeals.
[Amended 7-27-2017 by L.L. No. 2-2017]
A nonconforming use may be changed into a conforming
use in accordance with this chapter.
Nothing contained in this chapter shall require
any change in plans, construction, alteration or designated use of
a structure for which all preconstruction approvals have been given
prior to the adoption of this chapter.
A.
Area nonconformity. Any structure which is nonconforming
due to a setback violation or, in the case of multifamily housing,
due to greater intensity than would be allowed by this chapter, which
is destroyed wholly or in part by fire, flood, wind, hurricane, tornado
or other act beyond the control of man shall be allowed to reconstruct
according to its original dimension and intensity within 24 months
of said destruction.
B.
Use nonconformity. Any structure which is a nonconforming
use according to the provisions of this chapter which is destroyed
by fire, flood, wind, hurricane, tornado or other act beyond the control
of man, to the extent of 50% of the assessed value of the structure
or more, must be replaced within 24 months of the destructive incident.
If, within the twenty-four-month period, the structure containing
the nonconforming use is not rebuilt, the nonconforming use shall
not be reestablished, and the property shall only be used for a conforming
use.
[Amended 1-19-2012 by L.L. No. 2-2012]
A.
Notwithstanding anything to the contrary contained in Article III and/or Article XIII of this chapter, a variance will not be required for the construction of structures and improvements to a nonconforming lot that has an existing structure or structures on it, provided that the new structure or improvement does not create greater nonconformity with this chapter.
B.
Single unimproved lots. No building permit shall be issued, except following application for an area variance pursuant to Article XV of this chapter, for a single, unimproved, lawfully preexisting nonconforming lot held in single ownership as of the date of adoption of this chapter.
C.
Multiple unimproved lots and lots within previously approved undeveloped subdivisions. No building permit shall be issued, except following application for an area variance pursuant to Article XV of this chapter when relief is being sought, for two or more contiguous, unimproved nonconforming lots held in the same ownership of record as of the date of adoption of this chapter. In such instances, the Zoning Board of Appeals may request that said lots be combined to the extent necessary to comply with the space and bulk regulations of the district in which they are located. This shall include unimproved nonconforming lots contiguous to improved nonconforming lots held in the same ownership of record.
