Alteration of nonconforming development
A. Nonconforming use of a building, structure or land may be enlarged, expanded, or intensified with the grant of a special use permit by the zoning board of review. Intensification shall include, but shall not be limited to, an increase in the land area or square footage of a building or structure devoted to the nonconforming use, an increase in the size of the lot or parcel of lots on which the nonconforming use is located, an increase in hours of operation, or an increase in the capacity of the use. The criteria for issuance of a special use permit in this Section supercede the criteria in Sec. 18.52.060.
(Ord. dated 5-21-24)
B. A building or structure that is nonconforming by dimension may be enlarged or added to if the enlargement or addition does not increase the dimensional nonconformity of the building or structure, provided that the enlarged structure conforms to the maximum lot coverage regulation for the zoning district. A building or structure that is nonconforming by dimension may be enlarged or added to in a manner that would increase its dimensional nonconformity only with a special use permit from the zoning board of review.
C. When granting a special use permit for alteration of a nonconforming use or dimensionally nonconforming building or structure under this chapter, the zoning board of review shall require that evidence satisfying the following standards has been entered into the record at the public hearing:
1. That the granting of the special use permit will not be harmful to the public health, safety or welfare or alter the general character of the surrounding area. or impair the intent or purpose of this section; or the comprehensive community plan;
(Ord. dated 5-21-24)
2. That the site can accommodate the proposed level of use.
3. That satisfactory provisions have been or will be made concerning:
a. Ingress and egress to the property and to existing or proposed structures with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access to the property in case of fire or other emergency.
b. The adequacy and location of off-street parking and loading areas, trash or garbage storage areas, sanitary facilities, and utilities, with particular attention to the impact of noise, glare, or odor on surrounding property.
c. The adequacy and location of buffer areas and natural, vegetative or structural screening to minimize the impacts of the nonconforming use, building or structure on surrounding property.
D. When granting a special use permit for alteration of a nonconforming use or dimensionally nonconforming building or structure under this chapter, the zoning board of review shall have the authority to impose any special conditions required to promote the intent and purposes of the comprehensive community plan and this Title. Failure to abide by any special conditions constitutes a zoning violation. Any such special conditions shall be based on competent credible evidence entered into the record of the public hearing. Such conditions shall be included in the board's written decision. Such conditions may include, but are not limited to, provisions for:
1. Minimizing the adverse impacts of the use or development on surrounding property or uses by limiting the size or intensity of the use or structure or limiting the density or intensity of development or activities;
2. Minimizing adverse impacts on town services and facilities;
3. Minimizing adverse effects on the environment; and
4. Designating the exact location and nature of development.
E. A building or structure containing a nonconforming use or a building or structure that is dimensionally nonconforming may be maintained or repaired except as otherwise provided in this Chapter.
F. A nonconforming use shall not be changed to another nonconforming use, but may be changed to a use that conforms to this Title. If a nonconforming use is changed to a conforming use, it shall not be changed back to a nonconforming use.
G. If a lawful nonconforming use is demolished or removed at the direction of the owner of the property, the use may not be reestablished and any future use of that site or property must conform to the provisions of this Title.
H. The construction of a ramp to provide handicapped individuals with access to a building shall not be considered an alteration or enlargement of a legal nonconforming use. The construction of a ramp on a dimensionally nonconforming building to provide handicapped individuals with access to the building shall not be considered an increase in the building’s dimensional nonconformity.
I. A use established by variance, special exception, or special use permit shall not be treated as a legal nonconforming use.
(Ord. dated 12-19-94(part); Ord. dated 5-21-02; Ord. dated 8-17-04; Ord. dated 7-15-08; Ord. dated 11-19-13; Ord. dated 5-21-24)