Nonconformance

[Ord. No. 08-31, 10-7-2009]

A nonconformance is a building, structure (including a sign), or parcel of land, or use thereof, which was lawfully existing at the time of the adoption or amendment of this zoning ordinance, and not in conformity with the provisions of this appendix or amendment.

Such nonconformance is incompatible with and detrimental to permitted uses in the zoning district in which it is located. Nonconformance causes disruption of the comprehensive land use pattern of the Town, inhibits present and future development of nearby properties, and confers upon its owner a position of unfair advantage. It is intended that existing nonconformance shall not justify further departures from this appendix for itself, or for any other properties.

(a) Nonconforming by use. A lawfully established use of building, structure or land, which is not a permitted use, either by right or by special use permit, in the zoning district in which it is located, as set forth in Article 4, is nonconforming by use.
(b) Nonconforming by dimension. A lawfully established building, structure or parcel of land not in compliance with the dimensional regulations of this appendix is nonconforming by dimension. Dimensional regulations include all regulations of this appendix other than those pertaining to the permitted uses. A lawfully established building, structure, parcel of land, or use thereof, not in compliance with the parking regulations of this appendix, as set forth in Article 8 is also nonconforming by dimension. A lawfully existing or lawfully established lot that is not in compliance with the dimensional regulations of the zoning ordinance, including, but not limited to, those regulations for minimum lot size, lot width and lot frontage (also known as a substandard lot of record), is also nonconforming by dimension.
(c) Nonconforming by dwelling units. A building or structure containing more dwelling units than are permitted by the use regulations of this appendix shall be nonconforming by use. A building or structure containing a permitted number of dwelling units by the use regulations of this appendix, but not meeting the lot area per dwelling unit regulations, shall be nonconforming by dimension.

(d) Most restrictive regulations to apply. A building, structure or parcel of land nonconforming by more than one factor, such as by use, dimension, area or parking, shall comply with all regulations of this article. Where the regulations conflict, the most restrictive regulations shall apply.

It is also the intent of this article to address nonconforming uses in agricultural and residential zones in a stricter fashion than nonconforming uses located in commercial and industrial zones. Due to the disruption which nonconforming uses cause to the peace and tranquility of an agricultural or residential zone, nonconforming uses therein should be eventually abolished or reduced to total conformity over time.