§ 7

Nonconforming development

7.1 Purpose. Buildings, structures or land nonconforming by use and/or nonconforming by dimension as defined in section 7.3 herein are incompatible with and detrimental to permitted uses in the zoning districts in which they are located, cause disruption of the comprehensive land use pattern of the town, inhibit present and future development of nearby properties, and confer upon their owners and uses a position of unfair advantage. It is a fundamental principal of this chapter [ordinance] that nonconformities may be continued but shall not be increased and should be eventually abolished or reduced to conformity according to the fair interests of the parties involved. It is also intended that existing nonconformities shall not cause further departures from this ordinance for any properties.
7.2 Application. These provisions shall apply to all uses of land, buildings or structures or lots lawfully existing prior to the original effective date of this ordinance or of subsequent amendments, revisions or reenactments of this ordinance, which uses, buildings, structures or lots do not conform to the provisions of said original zoning ordinance or to such amendments, revisions or reenactments on their effective dates.
7.3 Unlawful conditions. No unlawful use, building, structure or lot existing at the original effective date of this ordinance or any subsequent amendment, revision or reenactment shall be deemed to be a nonconforming building, structure or use.
7.4 Continuation. The lawful uses of any building, structure, sign, premises, or land existing on the original effective date of the ordinance or as of any subsequent amendment of this ordinance may be continued although such use or structure or sign does not conform with the provision of this chapter [ordinance]. This shall not, however, be interpreted to prevent the regulation of nuisances or other conditions associated with their continuation.
7.5 Lot size reduction exceptions. Existing lots on which a primary structure is situated, whether conforming or non-conforming by dimension or use, may be further reduced in area even if such lot is smaller than is hereby required in the table of standard dimension regulations for each zoning district if such reduction is the result of a taking by eminent domain or by a conveyance for a public purpose.
7.6 Alteration of nonconforming use. No addition, enlargement, expansion or intensification in the extent of the nonconforming use of premises or land shall be made. Except as provided herein, a nonconforming use, if changed, shall be changed to a permitted use and once changed to a permitted use shall not thereafter be changed to a nonconforming use. A nonconforming use of land or of a structure shall not otherwise be changed to another nonconforming use that is substantially different in nature and purpose.
7.7 Alteration of structure nonconforming by dimension. No addition, enlargement, or expansion to a structure or building nonconforming by dimension shall be made except in conformance with the provisions of this chapter [ordinance]. This shall not apply to second story additions, providing that there is no projection into a required yard. A conforming use within a building or structure which is nonconforming by dimension may be changed to any other conforming use.
7.8 Moving. A building or structure nonconforming by use or dimension shall not be moved in whole or in part unless such building or structure is made to conform to all of the regulations of the district.
7.9 Restoration of damaged structures. A structure nonconforming by dimension which is involuntarily destroyed or damaged in any manner or from any cause may be repaired or rebuilt within the limits of the original dimensions and upon the original location of such structure without conforming to the provision of this ordinance, provided that a reasonable attempt has been made to comply with this ordinance.
7.10 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 said owner can demonstrate an 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, the owner of such nonconforming use will be presumed to have abandoned such nonconforming use, unless such presumption is rebutted by presentation of sufficient evidence of intent not to abandon the use.
7.11 Demolition. If a building or structure nonconforming by dimension or a building or structure housing a nonconforming use, is demolished at the direction of the owner or other authorized parties, the building or structure or nonconforming use shall not be reestablished, and any future building, structure or use of the lot, or premises shall conform to the provisions of this ordinance.
7.12 Maintenance and repair. A structure nonconforming by dimension or a building or structure containing a nonconforming use shall be properly maintained in good repair as may be required by any other ordinance or statute, provided that any such work does not enlarge or extend any nonconforming use or otherwise increase any nonconformity.
7.13 Prior building permits. Any building permit issued prior to the effective date of this ordinance or any amendment thereto shall be activated within one year from the date of issuance or otherwise automatically become null and void. Any such permit for use which by virtue of the adoption of this ordinance or any amendment thereto would become nonconforming shall become null and void and shall not be renewed if not activated within one year from the date of original issuance.
7.14 Destruction exceeding 50 percent of replacement cost. Any structure containing a nonconforming use or located on a nonconforming lot, including a nonconforming structure which is damaged by fire, or natural disaster to the extent that the cost of reconstruction or repair exceeds 50 percent of the replacement cost of such structure as determined by the building inspector, shall not be reestablished as a nonconformance unless granted a variance by the zoning board. It is the intent of this subsection that the zoning board, if granting such variance, shall require that any reestablishment of nonconformance conform to the terms of this ordinance to the greatest extent possible.
7.15 Destruction equal to or less than 50 percent of replacement cost. Any structure containing a nonconforming use or located on a nonconforming lot, including a nonconforming structure which is damaged by fire, or natural disaster to the extent that the cost of reconstruction or repair equals or is less than 50 percent of the replacement cost of such structure, as determined by the building inspector, shall be permitted to reestablish its nonconformance status; provided that reconstruction and repairs be fully completed within one year of the date of the destructive event and that such reestablishment of nonconformance shall not exceed the extent of nonconformance existing prior to the damage.
7.16 Existence by variance or special use permit. A non-conforming building, structure, sign, or parcel of land or the use thereof, which exists by virtue of a [variance or special use permit] shall be considered a nonconforming use or dimension, as the case may be, and shall acquire the rights of this section.

(Ord. No. 2024-5, 6-18-2024)