The use of land, buildings or structures lawful
at the time of adoption or subsequent amendment of this chapter may
continue although such use does not conform to the provisions of this
chapter. Nothing herein contained shall require any change in the
plans, construction or designated use of a building or parcel complying
with previous laws or for which a final permit had been duly granted
prior to the date of adoption of this chapter or any applicable amendment
thereto.
Except as provided herein, no nonconforming
uses or structure may be enlarged, extended, reconstructed, substituted
or structurally altered.
B.
Repairs, maintenance and structural additions.
(1)
Nonconforming uses.
(a)
Normal maintenance, repairs and alterations incidental to a building or other structure containing a nonconforming use are permitted, provided that they do not extend the area or volume of space occupied by the nonconforming use. If the building or structure containing the nonconforming use needs to be replaced for the reasons set forth in Subsection B(2)(b) below, the provisions set forth herein shall apply.
(b)
A building or other structure containing residential
nonconforming uses may be altered in any way to improve interior livability,
provided that no alterations shall be made which would increase the
number of dwelling units or square footage.
(2)
Nonconforming structures.
[Amended 9-6-2012 by L.L.
No. 3-2012]
(a)
A nonconforming structure may be the site of a minor exterior
structural addition or alteration (defined as an unenclosed porch,
deck, stairway or other similar facility), provided that such proposed
construction conforms in all respects to the affected district's height,
setback and yard requirements and does not increase the degree of
any yard, bulk, parking or other nonconformity of the existing property.
(b)
A nonconforming structure which houses a conforming or nonconforming
use which has deteriorated (through the normal use or age of that
structure) to a point where the structure needs to be replaced in
order to ensure that the health, safety and general welfare of the
occupants is safeguarded, or if the cost of maintenance and repair
of the structure is not cost effective, may be replaced, provided
that there is no increase in any nonconformity by the replacement.
A structure of larger size may be placed on the same footprint after
a site plan review by the Planning Board. It is the owner's responsibility
to provide documentation of existing nonconforming conditions prior
to securing a zoning compliance certificate from the Code Enforcement
Officer. Failure to notify the Code Enforcement Officer prior to demolition
shall constitute abandonment of the nonconforming structure, and any
new structure must be in compliance with all current regulations,
unless a variance is received.
[Amended 9-6-2012 by L.L. No. 3-2012]
A.
Abandonment. The discontinuance of a nonconforming use for a period
of one year shall be considered abandonment thereof, and such nonconforming
use shall not be revived.
B.
Change of use. The change of a nonconforming use to a more restricted
or conforming use for any period of time shall be considered abandonment
thereof, and such nonconforming use shall not be revived.
A.
Partial damage.
(1)
Where any nonconforming structure or use is partially
damaged or destroyed, other than by demolition, to the extent of 50%
or less of the cost of replacement of the entire structure new, the
proof to be supplied by the applicant in written estimate form of
replacement value and work to be done by a minimum of two reputable
agencies, repairs may be made to reconstruct the structure as it existed
prior to the damage. No repairs or restorations shall be made which
increase the degree of any yard, bulk, parking or any other nonconformity
existing prior to the damage.
(2)
In the event that a structure remains vacant due to partial damage, the owner or agent shall have one year to receive a building permit. In the event that the building remains vacant for one year without the issuance of a building permit, it shall constitute an abandonment as regulated under § 190-76 and shall not be restored. Proof of proper application within allowable time periods shall be the responsibility of the applicant.
B.
Substantial damage or destruction. In the event that
any nonconforming structure or use is substantially damaged or destroyed,
by any means other than demolition, to the extent of more than 50%
of the cost of replacement of such structure new, proof should be
supplied by the applicant in written estimate form of replacement
value and work to be done by a minimum of two reputable agencies.
Such structure shall not be restored unless, if within six months
after the substantial damage, the owner of said nonconforming use
notifies the Code Enforcement Officer, in writing, of his intent to
restore said nonconforming use substantially to the conditions existing
prior to the disaster. It is the owner's responsibility to provide
documentation of existing nonconforming conditions prior to the disaster
to satisfy the Code Enforcement Officer. In that instance, the Code
Enforcement Officer shall permit the issuance of a building permit
within 30 days of receipt of the written notice of intent for such
substantial restoration without further action. Restoration under
this section shall be commenced within six months of the date of issuance
of a building permit, and restoration shall be completed within one
year of the issuance of the building permit. In the event that the
Code Enforcement Officer is not notified of the intent to restore
the nonconforming use within the time limit stated, such structure
shall not be restored unless the structure and use thereof shall conform
to all current regulations of this chapter.
[Amended 7-13-2010 by L.L. No. 1-2010]
C.
Demolition. Except as provided in § 190-77B, where any nonconforming structure or use is partially or substantially damaged or destroyed by demolition, repairs may not be made to reconstruct the nonconforming use as it existed prior to the damage. Any and all restoration shall conform to all current regulations of this chapter.
[Amended 9-6-2012 by L.L. No. 3-2012; 12-28-2016 by L.L. No. 1-2017]
A.
Single unimproved lots. A nonconforming lot held in
single ownership as of the date of adoption of this chapter, which
is not contiguous with another lot owned by the same party, may be
used as if it were a conforming lot, provided that all of the following
conditions are met:
(1)
The proposed use is permitted by current regulations
of the particular district.
(2)
The lot conforms spatially to all requirements of
the particular district for the use for which it is proposed, except
for frontage and depth, or a variance has been obtained from the Zoning
Board of Appeals.
(3)
The use conforms to all other applicable local and
state land use regulations.
B.
A required yard setback may be reduced to reflect
the extent of the nonconformity in lot width. That is, a nonconforming
lot that provides 90% of the lot width required in a zoning district
would have the yard setbacks reduced by up to 10%.
C.
Multiple unimproved lots. Two or more contiguous, unimproved nonconforming lots held in the same ownership of record as of the date of adoption of this chapter shall be combined to the extent necessary to comply with the space and bulk regulations of the district in which they are located and thereafter shall be considered under the provisions of § 190-78A. This shall include unimproved nonconforming lots contiguous to improved nonconforming lots held in the same ownership of record.
D.
Lots within
approved subdivisions.
(1)
Any lot in a subdivision whose final plat has been approved by the Planning Board and properly filed with the officer of the county prior to passage of this chapter with an area of less than the specified minimum lot requirements of this chapter for that district but in compliance with the minimum standards set forth in § 190-9, other than the lot size, may be considered in compliance with this chapter, and no variance shall be required.
(2)
Any lot in a subdivision whose final plat has been approved by the Planning Board and properly filed with the officer of the county prior to the passage of this chapter, with an area of less than the specified minimum lot requirement of this chapter and not in compliance with the minimum standards set forth in § 190-9 shall be exempt from compliance with such revised minimum lot requirements after the filing of the subdivision plat or first section thereof, except that any construction shall comply with the setback requirements of the district in which it is located.
