Within the districts established by this Ordinance or amendments
that may be adopted, there exist lots, structures, uses of land and
characteristics of use that were lawful before this Ordinance or amendments
thereto were passed, but that would be prohibited, regulated or restricted
under terms of this Ordinance or future amendments. Regulations for
the continuance, maintenance, repair, restoring, moving and discontinuance
of such nonconforming lots, structures, land and uses are established
for the following purposes:
A.
To permit these nonconformities to continue, but to minimize any
adverse effect on the adjoining properties and development;
B.
To regulate their maintenance and repair;
C.
To restrict their rebuilding if substantially destroyed;
D.
To require their permanent discontinuance if not operated for certain
periods of time; and
E.
To require conformity if they are discontinued, to bring about eventual
conformity in accordance with the objectives of the Comprehensive
Plan and Zoning Ordinance of the Town.
Except as authorized below, no nonconforming use of land shall
be enlarged or increased nor extended to occupy a greater area of
land than was occupied at the effective date of adoption or an amendment
of this Ordinance; nor shall any existing conforming structure devoted
to a use not permitted by this Ordinance in the district in which
it is located or a nonconforming structure itself or its use, if nonconforming,
be enlarged, extended, constructed, reconstructed or moved, except
in changing the use of the structure to a use permitted in the district
in which it is located or to make the structure conforming.
9-2-1.
Restoration of a Damaged Use.
A.
If a nonconforming use is destroyed or damaged by fire, other casualty,
act of God or by the public enemy to the extent of less than 75 percent
of its assessed value immediately prior to the occurrence, it may
thereafter be reconstructed or repaired and occupied. In all other
cases, the nonconforming use shall be terminated and any nonconforming
structure shall be demolished.
B.
Application for a building permit to repair, replace or reconstruct
a partially destroyed or damaged use or structure as authorized in
this Section shall be made within six months of the occurrence, and
the repair, replacement or reconstruction shall be completed within
six months following the issuance of the permit or the nonconforming
status of the use or structure shall be terminated, and any nonconforming
structure then remaining shall be demolished.
9-2-2.
Superseding a Nonconforming Use by a Permitted Use. Any structure, land or structure and land in combination in or on
which a nonconforming use is superseded by a permitted use shall thereafter
conform to the use regulations of the district.
9-2-3.
Moving a Nonconforming Use. A nonconforming use
shall not be moved for any reason other than to conform to the regulations
for the district in which it is located after it is moved.
9-2-4.
Discontinue or Abandoning a Nonconforming Use.
A.
A nonconforming use discontinued or abandoned for 12 consecutive
months or for 18 months during any three-year period shall not thereafter
be used or occupied except in conformity with the regulations of the
district in which it is located.
B.
Discontinuance of the active and continuous operation of a nonconforming
use, or a part or portion thereof, for a period of 12 consecutive
months or 18 months during any three-year period, as the case may
be, is hereby construed and considered to be an abandonment of such
nonconforming use, regardless of any reservation of an intent not
to abandon same or of an intent to resume active operations. If actual
abandonment in fact is evidenced by the removal of buildings, structures,
machinery, equipment and other evidence of such nonconforming use
of the land and premises, the abandonment shall be construed and considered
to be completed within a period of less than 12 consecutive months
and all rights to reestablish or continue such nonconforming use shall
thereupon terminate.
Except as authorized below, no nonconforming structure shall
be enlarged, extended, constructed, reconstructed or moved, except
as provided in this Section.
9-3-1.
Restoration of a Damaged Structure.
A.
If a nonconforming structure is destroyed or damaged by fire, other
casualty, act of God or by the public enemy to the extent of less
than 75 percent of its value immediately prior to the occurrence,
it may thereafter be reconstructed or repaired and occupied. In all
other cases, the nonconforming structure shall be terminated and any
nonconforming structure shall be demolished.
B.
Application for a building permit to repair, replace or reconstruct
a partially destroyed or damaged use or structure as authorized in
this Section shall be made within six months of the occurrence, and
the repair, replacement or reconstruction shall be completed within
six months following the issuance of the permit or the nonconforming
status of the use or structure shall be terminated, and any nonconforming
structure then remaining shall be demolished.
9-3-2.
Enlargement of Nonconforming Structures. Nonconforming
structures may be enlarged or extended, provided that the enlargement
does not increase the degree of the existing nonconformity, and the
enlargement or extension does not create a new nonconformity.
9-3-3.
Moving a Nonconforming Structure. A nonconforming
structure shall not be moved for any reason other than to conform
to the regulations for the district in which it is located after it
is moved.
9-3-4.
Repair and Maintenance.
A.
On any nonconforming structure or portion of a structure containing
a nonconforming use or occupancy, ordinary repair work may be done
or repairs or replacements of non-bearing walls, fixtures, wiring
or plumbing may be made, provided that the cubic content existing
when it became nonconforming shall not be increased.
B.
If a nonconforming structure or portion of a structure containing
a nonconforming use becomes physically unsafe or unlawful due to lack
of repairs or maintenance and is declared by any duly authorized official
to be unsafe or unlawful by reason of physical condition, it may be
strengthened or restored to a safe condition upon order of an official
charged with protecting the public safety.
9-4-1.
Nonconforming Parking, Loading and Stacking Facilities.
A.
A structure, use or occupancy existing lawfully at the time this
Ordinance or any amendment thereto becomes effective, but which does
not conform with the off-street parking, loading and stacking regulations,
may be occupied or continued without such parking and/or loading spaces
being provided.
B.
Any such spaces that may be provided thereafter shall comply with
the regulations of this Ordinance.
C.
If an existing structure, use or occupancy is altered so that there
is an increase of the number of dwelling units, seating capacity or
floor area, or if the use or occupancy is changed to one requiring
more off-street facilities, then off-street parking, stacking and
loading spaces shall be provided at least equal to the number required
for the increased area for the structure or use in accordance with
all provisions of this Ordinance.
9-5-1.
General Provisions.
A.
In any S-A, R-1, R-2 or R-3 district in which single-family detached
dwellings are permitted, a single-family detached dwelling and customary
accessory structures may be erected on any single nonconforming lot
of record at the effective date of adoption or amendment of this Ordinance,
notwithstanding limitations imposed by other provisions of this Ordinance.
Such lot shall be in separate ownership and not of continuous frontage
with other lots in the same ownership.
B.
This provision shall apply even though the nonconforming lot of record
fails to meet the requirements for area or width, or both, that are
generally applicable in the district, provided that yard dimensions
and requirements other than these applying to area or width, or both,
of the nonconforming lot of record shall conform to the regulations
for the district in which such lot is located. Variance of yard requirements
shall be obtained only through action of the ZBA.
C.
If two or more lots or combinations of lots or portions of lots with
continuous frontage in single ownership are of record at the time
of passage or amendment of this Ordinance, and if all or part of the
lots do not meet the requirements established for width and area,
the lands involved shall be considered an undivided parcel for the
purposes of this Ordinance. The provisions of this Section shall not
apply if any portion of said parcel shall, after the adoption of this
Ordinance or amendment, be used or divided in a manner which prevents
or diminishes compliance with the requirements established by this
Ordinance or amendment thereto.
No sign permitted pursuant to a building permit for a sign or
any sign erected and existing prior to May 23, 2006 shall be altered,
rebuilt or modified unless it conforms to the requirements hereof
and a new building permit for a sign is issued.
9-6-1.
Signs Eligible for Characterization as Nonconforming. Any sign that does not comply with this Ordinance is eligible for
characterization as a nonconforming sign if:
9-6-2.
Loss of Nonconforming Status. A nonconforming status
for the sign shall terminate, if:
9-6-3.
Nonconforming Sign Maintenance and Repair. Nothing
in this Section shall relieve the owner or user of a nonconforming
sign or owner of the property on which the nonconforming sign is located
from complying with the provisions of this Ordinance regarding safety,
maintenance and repair of signs, provided that any repainting, cleaning
and other normal maintenance or repair of the sign or sign structure
shall not modify the sign structure or copy in any way not permitted
under § 9-6-2. Where signs individually or collectively
in a multiple development, as defined in § 2-4, are
nonconforming, one or more new wall, hanging, fascia or panel on a
multi-tenant free-standing sign for an individual tenant space complying
with the provisions of § 7-8 may be erected whenever
the tenancy, use or occupancy of an individual establishment or enterprise
changes.
