[Amended 4-3-2008 by L.L. No. 1-2008]
The following provisions shall apply to all
buildings, structures and uses lawfully existing on the effective
date of this article, and also to all lawful buildings and structures
and lawful uses that may become nonconforming by reason of any subsequent
amendment to this chapter or to the Land Use Map.
A.
Nonconforming uses. A lawful use which is rendered
nonconforming by the enactment of this chapter or by reason of any
subsequent amendment to this chapter or to the Land Use Map may be
continued, provided that any nonconforming use which is discontinued
for 24 consecutive months or more may not be resumed without first
obtaining a use variance, and no nonconforming use may be increased
or expanded.
B.
Nonconforming buildings and structures. A lawful building
or structure which is rendered nonconforming by the enactment of this
chapter or by reason of any subsequent amendment to this chapter or
to the Land Use Map may continue to exist, subject to the other provisions
of this article.
C.
Unsafe structures. Any lawful structure or portion
of that structure rendered nonconforming by the enactment of this
chapter or by reason of any subsequent amendment to this chapter or
to the Land Use Map, and which is declared unsafe by a proper authority,
may be restored or otherwise made to be in a safe condition, provided:
D.
Restoration. Any lawful building or structure or portion
of such building or structure rendered nonconforming by the enactment
of this chapter or by reason of any subsequent amendment to this chapter
or to the Land Use Map, which is damaged or destroyed by fire, flood,
high winds or other accidental or natural causes, may be repaired
or rebuilt on the same building footprint and to the same dimensions,
including height, provided such repair or rebuilding is completed
within 24 months of the date of damage or destruction. However, a
building or structure which is not conforming as to front setback
and which is destroyed shall be rebuilt to meet the front yard setback
for the district in which it is located if the dimensions of the lot
would permit doing so without causing any new or greater setback violation
elsewhere on the lot. The total square footage of such rebuilt structure
shall not exceed the total square footage of the structure that was
damaged or destroyed.
E.
Expansion; enlargement.
(1)
No building or structure rendered nonconforming by
the enactment of this chapter or by reason of any subsequent amendment
to this chapter or to the Land Use Map may be expanded or enlarged.
(2)
No building, structure or facility used or occupied
for a nonconforming use may be expanded or enlarged for the same use
or be used, occupied, expanded or enlarged for any other nonconforming
use.
F.
Structural alterations. Except as provided for in Subsections C and D of this article above, a nonconforming building or structure which is used for or occupied by a nonconforming use shall not be structurally altered to an extent exceeding, in total, the replacement value of the building or structure unless the use of the building is changed to a conforming use.
G.
Manufactured housing/mobile homes. No provision of
this chapter shall prohibit or restrict, in any way, the right of
a manufactured/mobile home owner owning a manufactured/mobile home
on the effective date of this chapter to replace his or her manufactured/mobile
home with another manufactured/mobile home which complies with all
federal and state requirements. According to federal regulations,
all transportable sections of manufactured homes built in the United
States after July 1976 must contain a red label. The label is the
manufacturer's certification that the home section is built in accordance
with HUD's construction and safety standards, that include body and
frame requirements, thermal protection, plumbing, electrical, fire
safety and other aspects of the home.
H.
Inspection. Within six months of the enactment of
any revision of this chapter or the Land Use Map which causes a previously
allowed use, other than a single-family residence, to become a nonconforming
use, the owner of the property on which such nonconforming use is
conducted shall make available to the Town's Zoning Officer copies
of any and all surveys of the property and any and all plans of any
buildings and/or structures on such property. If the Zoning Officer
desires copies of such survey(s) and/or plans, the Town shall pay
for such copies. Upon written request by the Zoning Officer, the owner
of such property shall allow the Zoning Officer and/or an engineer
and/or other appropriately qualified professionals or consultants
engaged by the Town to inspect such property and any buildings and
facilities and observe the nonconforming use for the purpose of determining
whether it poses any significant threat to public health or safety.
