Nonconforming Uses.

§ 218-39. Nonconforming Uses.

• A. Existing Buildings and Uses. Any building or use, which was lawfully in operation at the time of the passage of this Ordinance but is not in conformity with the provisions of this ordinance, shall be considered as a lawful nonconforming use.

• B. Continuance. A lawful nonconforming use shall be permitted to continue until such use is discontinued, destroyed, demolished, or changed to another use. If a lawful nonconforming use is halted for one continuous year, the user shall be presumed to have abandoned the nonconforming use, unless that presumption is rebutted by sufficient evidence of intent not to abandon the use. The halted use shall not be allowed to be resumed, and any future use of such structure or land shall conform to the provisions of this Ordinance.

• C. Restoration of Accidentally Destroyed Use. A lawful nonconforming use that is destroyed by accident or by an act of God may be restored within two years, provided that the location and the total floor area are not increased or altered. Nothing shall prevent the performance of normal maintenance work on a lawful nonconforming use.

• D. Change of Use/Intensification. The Zoning Board of Review may, as a special use permit, allow for the change of a nonconforming use to a nonconforming use of a more restrictive character to more closely adhere to the purposes and intent of this Ordinance. If a lawful nonconforming use is changed to a conforming use, it may not be changed back to a nonconforming use. A pre-existing nonconforming use of a building, structure, or land may be added to, enlarged, expanded or intensified by an additional footprint of not more than 50 percent in excess of the existing floor area, land or intensity used only if such addition, enlargement, expansion or intensification is approved by the issuance of a special use permit by the Zoning Board of Review, pursuant to the provisions of § 218-23 of this Ordinance, provided that any such alteration complies with all other dimensional and area requirements of this Ordinance in effect at the time such relief is sought.

• E. Abandonment.

• • (1) A lawful nonconforming use of any land, structure or building, which use is discontinued, upon showing a preponderance of the evidence, including, but not limited to, evidence by overt act or failure to act demonstrating the intent to discontinue such use by an owner, for a period in excess of one (1) year shall be presumed to be an abandonment of such nonconforming use. Discontinuation of use alone, even for extended periods, is not sufficient evidence of intent to abandon.

• • (2) Upon the abandonment of a lawful nonconforming use, such use shall not be reestablished, and any subsequent use shall conform to the provisions of the Zoning Ordinance of the Town of Charlestown then in effect.

• F. Variance and Special Use Permits. Any use established by variance or special use permit shall not acquire the rights of this Section.