Liberty Town City Zoning Code
ARTICLE IX
Nonconforming Uses and Structures
§ 147-29 Purpose.
It is the purpose of this section to limit the injurious impact of nonconforming uses and/or structures on other adjacent properties within a particular district and the community as a whole, while recognizing that alterations, continuations and extensions of nonconforming uses and/or structures may not be contrary to the public interest or the general purpose of this Zoning Law, when failure to allow such alteration, continuation or extension would itself lead to neighborhood or district deterioration. It is further the purpose of this section to prescribe those standards which are to be applied by the Town in determining the reasonableness of a proposal to alter, continue or extend a nonconforming use. The following are regulations which shall apply to the alteration, continuation or extension of nonconforming uses.
§ 147-30 Definition.
[Amended 9-3-2013 by L.L. No. 3-2013]
A nonconforming use or building shall be a building, structure or use legally existing at the effective date of this chapter, or any amendment thereto, or a building, structure or use planned and under construction in compliance with existing laws prior to the effective date of this chapter or any amendment thereto, and which does not conform with the use regulations of the district in which located. A building, structure or use allowed by variance in a district where it is nonconforming with any regulations of this chapter shall also be considered a nonconforming use.
§ 147-31 Normal maintenance and repair activities.
Normal maintenance and repair, such as painting, replacing a roof, etc., is allowed, as are minor additions, alterations and interior renovations that do not structurally alter the building or area or result in increased use of the building or area or a different nature of use than that existing at the present time, or otherwise create more incompatibility with the surrounding permitted uses.
§ 147-32 Changes and additions.
All changes and additions to nonconforming uses or proposals for reconstruction or reestablishment of such uses, excepting those identified in § 147-31 above, shall be considered special uses subject to the specific procedures and review criteria contained in Article VIII of this chapter, and permits for alterations, changes in use or additions of one sort or another shall be granted only after a determination by the Planning Board that the following conditions have been, or will be, satisfied.
A.
Storage of materials. There shall be no increase in the amount of materials, supplies and/or products that are stored outside a nonconforming facility, as on a lot in a nonconforming use, excepting those types of uses outlined in Subsection B.
B.
Screening. Where the nonconforming activity is one which necessarily results in the storage of large quantities of material, supplies or products outside (such as a sawmill, farm machinery sales operation or similar operation), the use may only be expanded if a solid fence of wood, woven metal and/or evergreen screen, not less than six feet in height, is present on all sides of the immediate area in use. Stored material shall not exceed the height of the screening material and nine feet at the maximum.
C.
Yards and setbacks. No addition, change or expansion of a nonconforming use shall create further nonconformity by violation of yard, setback and height regulations of the district in which it is located excepting that where a structure or use in already nonconforming by virtue of a rear or side yard less than required size, such yard may be reduced to 1/2 the normal requirement to permit expansion.
D.
Stormwater. There shall be no increase in the amount of stormwater runoff for the site over what was existing as of the date of the enactment of this chapter. The U.S.D.A. Soil Conservation Service may be relied on to recommend appropriate measures to control stormwater runoff which may be attached as conditions of approval by the Town.
E.
Parking and traffic. In no case will a change, addition or expansion of a nonconforming use be allowed which would result in the diversion of traffic, or relocation of a driveway on the site to any point nearer a residential property, or result in violation of any of the parking and unloading requirements of this chapter. If the total number of parking spaces for the site is to be increased more than 25% over those available as of the date of this chapter, the Town may require vegetative screening of the parking area from nearby residential areas. Nothing herein shall prohibit the Town from requiring or approving additional parking where such action would reduce or eliminate an existing or potential parking problem.
F.
Extension onto other properties of record in the same ownership. The use may only be expanded or extended onto a new property of record if that property is immediately abutting to the existing location, the properties were both under the same ownership as of the effective date of this chapter, 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.
G.
Prohibited expansions. Should the use proposed for expansion or extension be one which is specifically prohibited as a new use in the Town, the requested expansion or extension shall be denied.
[Amended 8-20-2018 by L.L. No. 1-2018]
§ 147-33 Reconstruction.
[Amended 12-16-2019 by L.L. No. 1-2019]
If any nonconforming structure or use is damaged or destroyed as a result of a casualty, it may, pursuant to special use procedures, be restored or reconstructed within 12 months of the date of the occurrence, with extensions to the twelve-month period at the discretion of the Planning Board. The Planning Board shall consider the degree to which the use is nonconforming with the regulations of the district where it is located.
§ 147-34 Abandonment and reestablishment.
A.
A nonconforming use which has been abandoned may, pursuant to special use procedures, be reestablished within a period of 12 months from the date when the Code Enforcement Officer shall have determined and so notified the owner of the property in question that abandonment had occurred. Thereafter, the use shall not be reestablished and any future use shall be in conformity with the provisions of this chapter.
B.
A nonconforming use shall be considered abandoned when, among other circumstances:
(1)
The intent of the owner to discontinue the use is apparent by the posting of signs, boarding of windows, or failure to pay taxes or assessments due or similar actions or lack thereof;
(2)
The equipment and furnishings used in furtherance of the nonconforming use have been removed from the premises;
(3)
The nonconforming use has been replaced by a conforming use or changed to another use under permit by the Planning Board; or
(4)
The building is not occupied for a period of one year.
C.
The Code Enforcement Officer, on determining these circumstances exist, shall, by certified mail, so notify the owner of record, informing the owner the use is considered abandoned and may not be reestablished once a period of 12 additional months has expired. If an owner cannot be reached through the mail, the Code Enforcement Officer shall publish the notice once in a newspaper of general circulation in the Town and the owner shall be presumed to have been notified.
§ 147-35 Single-family dwellings.
A single-family dwelling may be erected on any existing lot of record, providing that no side yard is reduced to less than 50% of the requirement for the district in which it is located and that a sewage permit can be properly issued.
§ 147-36 Certificate of nonconformance.
The Code Enforcement Officer shall issue, upon request, a certificate of nonconformance to any owner of a nonconforming structure or use who so requests.