§ 260-54
Building or structure nonconforming by use
- A. Definition. A lawfully established use of land, building, or structure, which is not a permitted use in the zoning district in which it is located, as set forth in Article III, is nonconforming by use.
- B. Purpose. 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 chapter for themselves and other properties.
- C. Treatment in residential zones. Nonconforming uses in residential zones are to be treated in 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.
- D. Continuance of use. Nothing in this chapter 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.
- E. Maintenance and repair. A building or structure containing a nonconforming use may be maintained and repaired except as otherwise provided in this article.
- F. 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 located.
- G. Enlargement or addition. A building or structure containing a nonconforming use shall not be added to or enlarged in any manner, including any addition or enlargement in floor area or volume, unless the use contained within such building or structure, including such addition or enlargement, is made to conform to the use regulations of the zone in which it is located.
- H. Expansion. A nonconforming use of a 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.
- I. Intensification.
- (1) A nonconforming use of a 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, increasing the seating capacity of a place of assembly, or increasing the size of the parking area. 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 I(2) below.
- (2) A conforming use within a building or structure which is nonconforming by dimension may be intensified, provided that such intensification is in conformance with the use and lot area per dwelling unit regulations, if applicable, for the zone in which it is located.
- J. Change of use.
- (1) Within any residential zone, a nonconforming use shall only be changed to a permitted use. A nonconforming use, if changed to a permitted use, may not be changed back to a nonconforming use.
- (2) Within any business or manufacturing zone, a nonconforming use may be changed to a permitted use, or may be changed to a different nonconforming use by special use permit in accordance with Article XI. A nonconforming use, if changed to a permitted use, may not be changed back to a nonconforming use. A change in ownership is not a change in use.
- K. 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 for duration of one year, which could reasonably 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.