[Amended 8-15-1988 by L.L. No. 5-1988]
This article applies only to building and nonbuilding uses in
existence on the effective date of this code. Except as otherwise
expressly provided in § 9.3, the lawful use of any premises
existing on the effective date of this code may be continued although
neither such use nor the bulk of the same conforms to the regulations.
Normal maintenance and repair, structural alteration in and
moving, reconstruction or enlargement of a building with nonconforming
bulk is permitted if the same does not increase the degree of nonconforming
bulk in such building.
9.31.
Repair and alteration. Normal maintenance and repair of and incidental
alteration in a building occupied by a nonconforming use is permitted
if it does not extend the nonconforming use. No structural alteration
or enlargement shall be made in a building occupied by a nonconforming
use, except when required by law, to adopt the building to a conforming
use or to any other use permitted under § 9.32 or in a building
occupied by a nonconforming use permitted to extend under § 9.34.
9.32.
Change of use. Any nonconforming use may be changed to any conforming
use or, on application to and with the approval of the Board of Appeals,
to any use which the Board of Appeals deems to be more in character
with the uses permitted in the district in which the said change of
use is proposed.
9.33.
Cessation of use. If active operations are not carried on with respect
to nonconforming use during a continuous period of one year, the building
or land where such nonconforming use previously existed shall thereafter
be occupied and used only for a conforming use. Intent to resume active
operations shall not affect the foregoing.
9.34.
Extension or enlargement. ["Extension or enlargement" shall mean:
in the case of a nonconforming use in a building, the enlargement
of such building so as to create additional floor area, or the extension
within any existing building to any portion of the floor area therein
not formerly used for such nonconforming use, except where such additional
floor area was manifestly designed for such use at the time such use
became nonconforming or the extension of the use to an area outside
the building; and in the case of a nonconforming nonbuilding use,
the use of any additional land on which no substantial operations
were previously conducted, provided that any such extension or enlargement
is on the same lot occupied by the nonconforming use on the effective
date of this code.] A nonconforming use shall not be extended except
as follows: To the extent the district bulk regulations permit, and
on application of the Board of Appeals, any use, except a sign, first
permitted by right or by special permit, in any district, may be extended
up to but not exceeding an aggregate increase of 50% in its floor
area or of its land area occupancy if a nonbuilding use. However,
this provision may be used only once for each such use.
9.35.
Damage and destruction. If a building occupied by a nonconforming
use is damaged to the extent of 50% or more of its real value, such
building may be repaired, provided that substantial work is undertaken
within one year after such damage; otherwise, such building shall
thereafter be occupied only by a conforming use.
9.36.
Termination of certain nonconforming uses and nonconforming features
of such uses. Each of the nonconforming uses and nonconforming features
of such a use specified in this section is deemed sufficiently objectionable,
undesirable and out of character in the district in which such use
is located as to depreciate the value of other property and uses permitted
in the district and to blight the proper and orderly development and
general welfare of such district and the Town, to the point that each
of such nonconforming uses and nonconforming features of such a use
shall be terminated on or before the expiration of the period of time
after the effective date of this code or such other period fixed for
each of the same, which time is specified for the purpose of permitting
the amortization of the remaining cost, if any, of such use.
9.361.
Nonconforming nonbuilding uses in R Districts. In any R District,
any nonconforming nonbuilding use may be continued for two years after
the effective date of this code, provided that after the expiration
of that period such nonconforming use shall then be terminated. This
regulation shall not apply to agricultural nonconforming uses of land.
9.362.
Nonconforming signs. In any R District, any advertising sign
or any other sign not of a type permitted, or of a permitted type
but greater than two times the maximum sign area permitted, may be
continued for three years after the effective date of this code, provided
that after the expiration of that period, such nonconforming use shall
then be terminated. In any other district, any sign with sign area
greater than the maximum sign area permitted may be continued for
10 years after the effective date of this code, provided that after
the expiration of that period, such nonconforming use shall be made
conforming.
9.363.
Nonconforming open storage yards and outdoor displays. Any nonconforming
open storage yard, or any outdoor display or storage of merchandise
in connection with an auction establishment or store specializing
in secondhand merchandise, which is nonconforming, either because
not permitted in the district or because not located within a completely
enclosed building, and is not nonconforming on the date of adoption
of this code or if not screened on such date, may be continued for
two years after the effective date of this code, provided that after
the expiration of that period, such nonconforming use shall then be
terminated. However, no such use will be required to terminate if
within said period it shall be located within a completely enclosed
building. However, no such use will be required to terminate if within
said period it shall be screened as provided in §§ 3.11
and 11.2.
9.364.
Nonconforming manufacturing uses in R Districts. In any R District,
any nonconforming manufacturing use which is first permitted by right
in LI Districts may be continued for 10 years after July 29,1965,
or 30 years after the initial establishment of such use or any addition
thereto adding 50% or more to the real value of such use, whichever
is the longer period, provided that after the expiration of that period,
such nonconforming use shall then be terminated. However, no such
use shall be required to be terminated if it can conform to the performance
standards in § 4.1.
9.37.
Modification by Board of Appeals. If, on application made at least
six months before the expiration of the period prescribed in § 9.36
for termination of a nonconforming use, or nonconforming feature thereof,
the Board of Appeals shall find that the period prescribed is unreasonable
or inadequate for the amortization of the special value of the property
resulting from such nonconforming use, or nonconforming feature thereof,
then the Board of Appeals may grant such an extension of the period
prescribed as it shall deem to be reasonable and adequate for such
amortization, provided that no such period of extension shall exceed
100% of the period prescribed, and such extension may be granted only
once for any use.
9.38.
Continued use after termination date of a violation. The continuation
of a nonconforming use or the nonconforming feature thereof after
the termination date fixed for the same in § 9.36, or as
modified in § 9.37, shall constitute a violation of this
code.
