Malta City Zoning Code
ARTICLE IV
Nonconforming Uses
§ 167-11 Existing uses and violations.
The lawful use of any building or land existing at the time of the enactment of this chapter or its predecessor may be continued though such use does not conform to the provisions of this chapter. No unlawful use of property or unlawful structure existing at the time of the passage of this chapter shall be deemed to be a use which may be continued pursuant to this section. Any violation of this chapter existing at the time of the passage of this chapter shall continue to be a violation, and no use in violation at the time of the enactment of this chapter may be continued if it does not conform to the provisions of this chapter.
§ 167-12 Changes in use.
Lawful use of any building or land existing at the time of the enactment of this chapter may be continued though such use does not conform to the provisions of this chapter, as follows:
A.
Unsafe structures. Any structure or portion of that structure determined to be unsafe by the Town Building Department may be restored to a safe condition.
B.
Restoration. Nothing herein shall prevent the substantial restoration within one year and the continued use of a nonconforming building as existed immediately prior to such damage by fire, flood, earthquake, act of God or act of a public enemy, provided the substantial restoration is made on the existing footprint of the destroyed or damaged building, and meets all building codes.
C.
Alterations. A nonconforming building used for a nonconforming use shall not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost the replacement value of the building unless said building is changed to a conforming use.
D.
Extension.
[Amended 4-1-2019 by L.L. No. 2-2019[1]]
(1)
A nonconforming use shall not be extended, except that an extension of a portion of a nonconforming building use shall be permissible, upon the approval of the Planning Board, if the extension does not exceed 40% of the square footage of the building as it existed at the time it became nonconforming.
(2)
The Planning Board, upon consideration of the factors set forth in § 167-38.1C(10)(a) through (m) of this chapter, may approve such extension of a nonconforming use if the proposed alteration:
(a)
Will not have an undue adverse effect upon adjacent property, the character of the neighborhood and surrounding areas, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, welfare or convenience of the public;
(b)
Will not create operations or uses that may reasonably be considered objectionable to nearby properties by reason of noise, fumes, vibrations, illumination or other outward effects on others in the zone.
(c)
Will be in harmony and promote the general purpose and intent of the Master Plan;
(d)
Will not adversely affect the short-term and long-term cumulative impacts on the environment;
(e)
Will be able to mitigate to the satisfaction of the Planning Board any adverse or irreversible impacts on the environment, including any growth-inducing aspects of the proposed use;
(f)
Will not adversely affect unique and irreplaceable assets or resources of the area; and
(g)
Will be serviced adequately (as determined by the Board) by essential public facilities and services, including, but not limited to, highways, streets, parking spaces, public transportation, police, ambulance and fire protection, drainage structures, solid waste management and refuse disposal, water and sewers, groundwater protection, schools, energy conservation, as well as any other additional services as the Planning Board deems appropriate.
(3)
An extension of a nonconforming use is subject to a site plan review under Article VI of this chapter.
(4)
In no event shall an extension under this section be permitted for the construction of new detached structures, regardless of size, or to the expansion of uses, regardless of intensity or degree, that are not a result of the expansion of the structure in which such uses are confined.
(5)
The extension of a lawful use to any portion of a nonconforming building used for a nonconforming use that existed prior to the enactment of this chapter shall not be deemed the extension of such nonconforming use.
[1]
Editor's Note: This local law provided that the provisions of this chapter will lapse 3-4-2021.
E.
Displacement. No nonconforming use shall be extended to displace a conforming use, except as set forth in Subsection D, above.
F.
Abandonment. No nonconforming use which shall have ceased for a period exceeding two years shall be resumed.
G.
Changes. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use.
§ 167-13 Construction commenced prior to chapter.
Nothing herein contained shall require any change in plans, construction or designed use of a building for which construction has lawfully been commenced prior to the effective date of this chapter and is diligently continued. The entire building shall be completed within two years from the effective date of this chapter or shall be deemed in violation of this chapter.
§ 167-14 District changes.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein.