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[1] and to all complying buildings housing nonconforming uses.
[1]
Editor's Note: The Zoning Map is on file in
the office of the Town Clerk.
A.
Any nonconforming use of buildings or open land, except those specified in § 219-101 herein, may be continued indefinitely, but:
(1)
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. Notwithstanding
the foregoing, an owner of real property located in a Highway Commercial
District and which is being lawfully being used as a one-family dwelling
pursuant to a legal nonconforming use shall be permitted to improve
said property with a private garage or carport as a permitted accessory
use, provided that the area and bulk requirements applicable to RA
Districts are met and subject to compliance with all applicable requirements
of the Town Code.
[Amended 3-9-2023 by L.L. No. 4-2023]
(2)
Shall not be moved to another location where such
use would be nonconforming.
(3)
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.
(4)
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.
(5)
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.
B.
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.
A.
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.
B.
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]
C.
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.
D.
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.
