[Amended 3-25-1992 by L.L. No. 2-1992]
All changes and additions to nonconforming uses or proposals for expansion, reconstruction or reestablishment of such uses, excepting those identified in § 50-24 above, shall be considered special uses subject to the specific procedures and review criteria contained in Article VII of this chapter, and permits for alterations, changes in use or additions of one sort or another to a nonconforming use shall be granted only after a determination by the Planning Board that the special use criteria of Article VII of this chapter have been complied with and that the following additional conditions have been or will be satisfied:
A.
Storage of materials. There shall be no increase in the amount of materials, supplies or products that is stored outside a nonconforming facility, excepting those types of uses outlined in Subsection B.
B.
Screening. Where the nonconforming activity is one which necessarily results in the storage of 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 or planting strip of dense evergreen nursery material not less than six feet in height is present on all sides of the immediate area used for outside storage. Stored material shall not exceed the height of the screening and in no event nine feet.
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 the use is located.
D.
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 the use became nonconforming, the entire parking area shall be screened from nearby residential areas. Nothing herein shall prohibit the Town from requiring additional parking where such action would reduce or eliminate an existing or potential parking problem.
E.
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 date the use became nonconforming and the owner has clearly exhausted the alternatives available for expansion on the existing property.
F.
Prohibited expansions. Uses which are prohibited as a new use in all districts within the Town shall not be expanded or extended.