The following provisions shall apply to all buildings, structures and uses existing on the effective date of this chapter, to all buildings and uses that may become nonconforming or noncomplying by reason of any subsequent amendment to this chapter and the Zoning Map which is a part thereof and to all complying buildings housing nonconforming uses.
Editor's Note: The Zoning Map is on file in the office of the Town Clerk.
Any nonconforming use of buildings or open land, except those specified in § 219-101 herein, may be continued indefinitely, but:
Shall not be enlarged, altered, extended, reconstructed or restored, except as provided below, or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be substantially increased by any means whatsoever.
Shall not be moved to another location where such use would be nonconforming.
Shall not be changed to another nonconforming use without prior approval by the Zoning Board of Appeals, and then only to a use which, in the opinion of the Board of Appeals, is of the same or a more restricted nature.
Shall not be reestablished if such use has been discontinued for any reason for a period of one year or more, or has been changed to or replaced by a conforming use, with the intent to resume a nonconforming use not conferring the right to do so.
Shall not be restored for other than a conforming use after damage for any reason or by any cause exceeding 75% of its prior market value or bulk, with the further provision that the bulk, height and area requirements shall not be in excess of that which existed prior to the damage and that the restoration must be commenced within six months and completed within two years of such occurrence or the use of such buildings or land as a legal nonconforming use shall thereafter be terminated.
While a nonconforming use may not be extended, nothing contained herein shall prohibit the extension of a lawful use to any portion of a noncomplying building or structure which existed prior to the enactment of this chapter. No nonconforming use shall, however, be extended to displace a conforming use.
Nothing contained in this Article shall be deemed to prevent normal repair and maintenance of or structural alteration within a noncomplying building, provided that such action does not increase the degree of, or create any new, nonconformity. Further, any noncomplying building or structure declared unsafe by a proper authority may be restored to a proper condition within the time period provided by such authority.
Each of the nonconforming uses specified in this Article is deemed sufficiently objectionable and out of character within the zoning district in which such use is located as to depreciate the value of other property and uses permitted in the district and otherwise inhibit the proper and orderly development of such district. Therefore, each such nonconforming use must be, and shall be, terminated on or before the expiration of the specified period of time after the effective date of this chapter. Said period of time is specified as one that is reasonable to permit the amortization of the remaining value, if any, of such use.
In R40, R20 and RMF Districts, any nonconforming use of open land, including but not limited to such uses as parking lots, junkyards, motor vehicle junkyards or open storage yards, with or without structures, for materials or equipment, may be continued for a period of five years after the effective date of this chapter, provided that, after the expiration of such period, such nonconforming use shall be terminated.
All nonaccessory, off-site advertising signs, including but not limited to billboards, not in conformity with the sign regulations included in Article VI herein, may be continued for a period of five years after the effective date of this section, provided that after the expiration of such period, such nonconforming use shall be terminated.
[Amended 10-25-2004 by L.L. No. 6-2004]
Any nonconforming or noncomplying sign, accessory or nonaccessory, including such features as prohibited in Article VI herein, shall be modified by its owner to conform or shall be removed within 90 days after receipt by the owner of specific written notice from the Building Inspector to so comply.
Any sign existing on or after the effective date of this chapter which advertises a business no longer conducted, product no longer available or service no longer provided on the premises shall be removed by the owner of the sign and/or premises upon which the sign is located within 30 days after receipt of written notice from the building inspector to remove such obsolete sign.