Except as otherwise provided in this article,
the lawful use of land or buildings existing at the date of the adoption
or amendment of this chapter may be continued, although such use or
building does not conform to the regulations specified by this chapter
for the zone district in which such land or building is located. The
following provisions shall, however, apply to all nonconforming uses:
A.
A nonconforming lot shall not be further reduced in
size.
B.
A nonconforming building shall not be enlarged, extended
or increased, unless such enlargement would tend to reduce the degree
of nonconformance.
C.
A nonconforming use shall not be expanded, except as may be authorized by § 165-91 of this article.
D.
A nonconforming use existing at the date of adoption
of this chapter may not be changed to another nonconforming use.
E.
A nonconforming use may be changed into a conforming
use. When a nonconforming use is changed to conform to the requirements
of this chapter, the use of the building or tract of land shall not
be changed again, except in accordance with these regulations.
After the effective date of this chapter, upon
the written request of the user of any structure or premises, or at
the instance of the Code Enforcement Officer (CEO), an examination
by the CEO of any existing use shall be made. A report of the findings
made upon such examination shall thereafter be filed with the Zoning
Board of Appeals, together with a certificate of existing nonconforming
use, which shall clearly describe the premises and structure, if any,
referred to, and shall specify the nature and extent of such existing
use. Such certificate shall be prepared in triplicate, one copy of
which shall be maintained by the CEO, one copy of which shall be furnished
to the Zoning Board of Appeals and one copy to be furnished to the
owner or user.
A nonconforming use and/or structure shall not
be expanded, except in conformance with the procedures and regulations
specified in this section. In no case shall such expansion extend
beyond the lot occupied by such nonconforming use or structure. The
expansion of a nonconforming use or structure hereunder shall be subject
to approval by the Zoning Board of Appeals and each case shall be
considered on an individual basis. Application forms for the expansion
of a nonconforming use and/or structure shall be obtained from the
CEO. The CEO shall issue a permit to allow the expansion of a preexisting
nonconforming use and/or structure only upon written authorization
of the Zoning Board of Appeals. The Zoning Board of Appeals, in considering
such special requests, shall, at a minimum, address the following
potential concerns:
A.
Standards applicable to authorizing the expansion
of a nonconforming use and/or structure.
(1)
The location and size of the nonconforming use and/or
structure, the nature and intensity of the operations involved in
or conducted in connection with it, the size and site in relation
to it, and the location of the site in relation to it, and the location
of the site with respect to streets providing access thereto. Conditions
shall be in place such that the expansion will not be inconsistent
with the orderly development of the district in which the use is located.
(2)
Screening or other protective measures shall be adequate
to protect any adjacent properties from objectionable aspects of any
such expansion of the nonconforming use.
(3)
Off-street parking areas shall be of adequate size
for the particular use, and access drives shall be laid out so as
to achieve maximum safety and minimum inconvenience to adjacent properties.
(4)
The Zoning Board of Appeals may prescribe any condition
that it deems necessary or desirable to aid it in making a determination
on the application and to protect the interests of the community and
adjacent properties.
B.
Public hearing.
(1)
Before authorizing the expansion of a nonconforming
use and/or structure, the Zoning Board of Appeals shall give public
notice and hold a public hearing on the application in the same manner
as required by law for amendments to this chapter.
(2)
Prior to such public hearing, the application shall
be referred to the Town Planning Board for report and recommendation.
The Planning Board shall have 30 days after said referral to state
its position relative to the proposed application. The Zoning Board
of Appeals shall hold such public hearing at the earliest possible
date following the thirty-day referral period and may take action
on the proposal as it deems appropriate.
C.
Limitations. An authorization to permit the expansion
of a nonconforming use and/or structure shall be deemed to authorize
only the particular use or structure specified in the application
and shall apply only to the area specified in the permit. A permit
authorizing an expansion under this section shall expire within six
months from the date of issuance if the nonconforming use and/or structure
is not expanded or enlarged.
In any district, whenever a nonconforming use
of land, premises, building or structure, or any part or portion thereof,
has been discontinued for a period of one year, such nonconforming
use shall not thereafter be reestablished, and all future uses shall
be in conformity with the provisions of this chapter. If actual abandonment,
in fact, is evidenced by the CEO in the form of removal of buildings,
structures, machinery, equipment and other evidences of such nonconforming
use of the land and premises, the abandonment shall be construed and
considered to be completed as of the date observed and all rights
to reestablish or continue such nonconforming use shall thereupon
terminate. The CEO shall prepare written notice of such abandonment
and file copies with the Zoning Board of Appeals, the Town Clerk and
the property owner(s).
A.
Any building damaged by fire or other unintentional
causes may be repaired or rebuilt at its same location and setback
prior to being damaged. In no case, however, shall any new construction
increase the degree of nonconformance. The failure to exercise any
nonconforming use, including the failure to rebuild or repair a building
containing a nonconforming use which shall be wholly or partially
destroyed by fire or other casualty, for a period of one year, shall
terminate the right to such nonconforming use and shall automatically
revoke any permit issued hereunder.
B.
Nothing in this chapter shall prevent the strengthening
or restoring to a safe condition any wall or roof which has been declared
unsafe by the CEO.
C.
Normal maintenance repairs and incidental alteration
of a building or other structure containing a nonconforming use shall
be permitted, provided that it does not extend the area or volume
of space occupied by the nonconforming use.
D.
Any building which is nonconforming due to insufficient
yard distances or lot area shall not be considered a nonconforming
use. Any alterations or structural changes may be accomplished within
the existing frame of said building, but any additions shall conform
to the specific setback and yard distance requirements of this chapter.
Whenever the boundaries of a district shall
be changed so as to transfer an area from one district to another
of a different classification, the foregoing provisions shall also
apply to any nonconforming uses existing therein or created thereby.
Nothing herein contained shall require any change
in plans, construction or designated use of a building or site complying
with existing laws, a permit for which had been duly granted before
the date of adoption of this chapter or any applicable amendment thereto.
