Building or structure nonconforming by use

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

Nonconforming uses are incompatible with and detrimental to permitted uses in the zoning districts in which they are located. Nonconforming uses cause disruption of the comprehensive land use pattern of the Town, inhibit present and future development of nearby properties, and confer upon their owners a position of unfair advantage. It is intended that existing nonconforming uses shall not justify further departures from this appendix for themselves, or for any other properties.

(a) Treatment in residential zones. Nonconforming uses in residential zones are to be treated in a stricter fashion than nonconforming uses located in nonresidential zones. Due to the disruption which nonconforming uses cause to the peace and tranquility of a residential zone, nonconforming uses therein should be eventually abolished or reduced to total conformity over time.
(b) Continuance. Nothing in this appendix shall prevent or be construed to prevent the continuance of a nonconforming use of any building or structure for any purpose to which such building or structure was lawfully established. A building or structure containing a nonconforming use may be maintained and repaired except as otherwise provided in this section.
(c) Moving. A building or structure containing a nonconforming use shall not be moved in whole or in part either on or off the lot on which it is located unless the use contained within such building or structure is made to conform to the use regulations of the zone in which it is relocated.
(d) Addition, expansion and intensification. The following standards shall apply to a building or structure containing a nonconforming use:
- (1) A building or structure containing a nonconforming use shall not be added to or enlarged in any manner, including any addition or enlargement of floor area or volume, unless the use contained within such building or structure, including such addition and enlargement, is made to conform to the use regulations of the zone in which it is located.
- (2) A nonconforming use of a such building or structure shall not be expanded into any other portion of the building or structure which contains a conforming use, or which is unoccupied or unused.
- (3) A nonconforming use of a such building, structure or land shall not be intensified in any manner. Intensification shall include, but not be limited to, increasing hours of operation, increasing the number of dwelling units or increasing the seating capacity of a place of assembly. However, this section shall not prohibit the reconfiguration of existing dwelling units within a building or structure so long as such reconfiguration complies with the requirements of subsection 2-8(f) does not constitute an expansion as described in paragraph (2) above.
(e) Change of use. Within any zone, a nonconforming use shall be changed only to a permitted use (by right or special use permit) or to a use within the same use code listed under Article 4 and described in Appendix A. A nonconforming use, if changed to a permitted use, may not be changed back to a nonconforming use.
(f) Abandonment. If a nonconforming use is abandoned, it may not be reestablished. Abandonment of a nonconforming use shall consist of some overt act, or failure to act, which would lead one to believe that the owner of the nonconforming use neither claims nor retains any interest in continuing the nonconforming use unless the owner can demonstrate intent not to abandon the use. An involuntary interruption of nonconforming use, such as by fire and natural catastrophe, does not establish the intent to abandon the nonconforming use. However, if any nonconforming use is halted for a period of one year or more, the owner of the nonconforming use will be presumed to have abandoned the nonconforming use, unless that presumption is rebutted by the presentation of sufficient evidence of intent not to abandon the use.