Purpose.

Applicability. The provisions and protections of this Article IX shall apply only to those nonconforming lots, structures and uses which legally preexisted the applicable provisions of this chapter, as amended, or which are recognized by § 220-53 or 220-54 of this Article IX. Any lot, structure or use created, constructed or established after the effective date of the original Zoning Law, as amended, reenacted and replaced, which does not conform to the applicable requirements, shall be considered an illegal lot, structure or use subject to the penalties prescribed by this chapter, and the said lot, structure or use shall not be entitled to any of the protections afforded to legal, preexisting nonconforming lots, structures or uses.

Nonconforming lot. Any lot which does not conform with the minimum width, depth and area dimensions specified for the district where such a lot is situated, such lot having been created and recorded in the office of the Sullivan County Clerk prior to the effective date of the original Town of Delaware Zoning Law, as amended, reenacted and replaced.

Nonconforming structure. A structure or part of a structure which does not comply with the applicable district limitations on structure size and location on a lot, where such structure lawfully existed prior to the enactment of the original Town of Delaware Zoning Law, as amended, reenacted and replaced, and including, but not limited to, nonconforming signs.

Nonconforming structure, alteration. As applied to a nonconforming structure, a change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.

Nonconforming structure, reconstruction. The rebuilding of a nonconforming structure damaged or destroyed by casualty to the exact or less nonconforming condition which existed prior to the casualty.

Nonconforming use. A use, whether of land or of a structure, which does not comply with the applicable use provisions in this chapter or amendments hereto, where such use was lawfully in existence prior to the enactment of the original Town of Delaware Zoning Law, as amended, reenacted and replaced.

Nonconforming use, change. The conversion of a nonconforming use to a different use classification as enumerated on the Schedule of District Regulations, § 220-9 of this chapter.[1]

Nonconforming use, extension. The expansion of a nonconforming use throughout the structure which the said use partially occupies or the expansion of a nonconforming use onto property not already occupied by the said use.

Nonconforming use, reestablishment. The reopening or reinstitution of a nonconforming use which has been discontinued by the owner of the said use; such reopening effected prior to the abandonment of the nonconforming use as determined under the provisions of this chapter.

Special uses. All changes of nonconforming uses shall be considered special uses subject to the specific procedures and review criteria contained in Article VIII of this chapter, including requirements for building permits. A nonconforming use may only be changed to a use of equal or less nonconformity (i.e., more restrictive classification), as determined by the Planning Board in accord with classification of the uses in the Schedule of District Regulations, § 220-9 of this chapter.[1] The general standard shall be that no change of a nonconforming use shall be permitted if such change will result in the establishment of a use which is materially different from the existing use in terms of negative effects on the community and the long-term application of the Zoning Law to eliminate incompatible uses from specific zoning districts. For example, a change from a nonconforming retail store in the R-1 District to a bank may be permitted; however, a change to a manufacturing use would not be permitted.

Conforming changes and conversions.

Other standards. All changes to nonconforming uses shall also be subject to all other applicable standards in this chapter.

Special uses. All extensions of nonconforming uses shall be considered special uses, subject to the specific procedures and review criteria contained in Article VIII of this chapter, including requirements for building permits.

Extension onto other properties of record in the same ownership. A nonconforming use may only be extended onto a new property of record if that property is contiguous to the existing location; the properties were both under the same ownership as of the effective date of this chapter, as amended; the owner has clearly exhausted the alternatives available for expansion on the existing property; and the use is not one which has been altogether prohibited as a new use under this chapter.

Prohibited extensions. Should the use proposed for extension be one which is specifically prohibited as a new use in the Town or is a use judged by the Planning Board to be one similar to such a use or of such a nature as to impose health, safety or welfare concerns which cannot be satisfied by the imposition of the conditions permitted under this chapter, the requested extension shall be denied. The Board shall consider past operating performance in making its decision.

Other standards. All changes to nonconforming uses shall also be subject to all other applicable standards in this chapter.

Time limit. If any nonconforming structure or use is damaged or destroyed as a result of a casualty, it may be restored or reconstructed to its preexisting condition of nonconformity within 18 months of the date of the casualty. The Building Inspector may, upon written application by the owner of the structure, grant a one-year extension for just cause demonstrated by the owner.

Procedure, permits. All applicable permits for the reconstruction of a nonconforming use shall be required. Such reconstruction shall not be considered a special use unless the reconstruction involves a change or extension of use as regulated by §§ 220-56 and 220-57 of this chapter, respectively.

Use abandoned. Unless extended in accord with this § 220-59, if a nonconforming use of land or structure ceases operation, is discontinued or is vacated for a period of 12 month or more, then this shall constitute an abandonment of such nonconforming use, and any subsequent use of the land or structure shall be for conforming purposes only, and said use shall in all respects conform to the applicable provisions of this chapter.

Abandonment. A nonconforming use shall be considered abandoned when, among other circumstances:

Extension. The Building Inspector may, upon review and recommendation by the Planning Board and for good cause shown by the applicant, grant an extension of not more than one year for the continuation of the nonconforming use.

Alterations. The alteration of nonconforming structures shall be permitted in accord with this § 220-60.

Procedure, permits. All applicable permits for the alteration of a nonconforming structure shall be required. Such alteration shall not be considered a special use unless the alteration involves a change or extension of use as regulated by §§ 220-56 and 220-57 of this chapter, respectively.

Increase in area or bulk nonconformity. In the case where a proposed alteration of a nonconforming structure will result in an increased nonconformity of setback, height, lot coverage or other area or bulk standard, an area variance shall be required from the Zoning Board of Appeals.

Other standards. All changes to nonconforming uses shall also be subject to all other applicable standards in this chapter.

Single-family dwelling. A single-family dwelling may be erected on any nonconforming lot of record in any district, provided:

Commercial uses. A commercial use may be developed on any existing lot of record where permitted by the Schedule of District Regulations, provided:[1]