Lawful nonconformities established. Where there exist buildings or uses of land and/or buildings within the zoning districts, established by this zoning ordinance or amendments that may be later adopted, which were lawful at one time but which would now be prohibited, regulated, or restricted, these buildings or uses of land and/or buildings may continue as legal nonconformities provided they meet the conditions established in this section.

(Ord. No. O-1-06, § 1, 2-27-06)

Where a lawful building exists at the effective date of adoption or amendment of this zoning ordinance that could not be built under the terms of this zoning ordinance by reason of restrictions on area, lot coverage, height, yards, setbacks or other characteristics of the building or its location on the lot, such building may be continued so long as it remains otherwise lawful subject to the following provisions:

(a)

No such building may be enlarged or altered in any way which increases its nonconformity, except for single family dwellings located in any zoning district which may be altered as follows:

1.

Ground floor additions or renovations to existing one-story single family dwellings may be built to match nonconforming setbacks or nonconforming roof pitches existing at the point where the proposed addition/renovation will adjoin the existing building; however, any such addition must otherwise conform to all applicable zoning codes, and particularly shall not cause the building to violate the applicable maximum lot coverage limits, maximum allowed flat roof area, maximum building height or minimum landscape requirements.

2.

Ground floor additions to existing one-story single-family dwellings in Zoning District A may be built to match nonconforming grade and finished first floor elevations subject to the restrictions set forth in Pf. 4.6.

3.

Any second story addition or renovation may be built to match nonconforming roof pitches existing at the point where the proposed addition/renovation will adjoin the existing building, but otherwise shall conform to all applicable zoning codes.

(b)

Should such building be destroyed by any means to an extent of more than fifty (50) percent of its replacement cost at the time of destruction, as determined by the town building official, it shall not be reconstructed except in conformity with the provisions of this zoning ordinance; except in cases of fire, explosion or other casualty, or act of God, or the public enemy, in which case the structure may be replaced as it was originally constructed.

(c)

Should any structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(Ord. No. O-1-06, § 1, 2-27-06; Ord. No. O-3-22, § 2, 5-23-22)

If a lawful use of a building exists at the effective date of adoption or amendment of this zoning ordinance that would not be allowed in the zoning district in which it is located under the terms of this zoning ordinance, the lawful use may be continued under the applicable provisions of Section XVI so long as it remains otherwise lawful, subject to the following provisions:

(a)

No existing building devoted to a use not permitted by this zoning ordinance in the zoning district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except by changing the use of the structure to a use permitted in the district in which it is located.

(b)

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.

(c)

If no structural alterations are made, any nonconforming use of a building may be changed to another nonconforming use provided that the Town Commission shall find, after a duly noticed public hearing, that the proposed use is equally appropriate or more appropriate to the zoning district than the existing nonconforming use. In permitting such change, the Town Commission may require appropriate conditions and safeguards in accordance with the provisions of this zoning ordinance; further, the applicant must meet all general standards for special exceptions as specifically set forth in Section XV of this zoning ordinance.

(d)

Any building in which a nonconforming use is superseded by a permitted use shall thereafter conform to the use regulations for the zoning district in which the building is located and the nonconforming use may not thereafter be resumed.

(e)

When a nonconforming use of a building is removed, discontinued or abandoned for ninety (90) days, the building shall not thereafter be used, except in conformity with the use regulations of the zoning district in which it is located. The ninety (90) day period herein set out shall not apply to removal or discontinuance of the nonconforming use caused by fire, explosion, government action, or other casualty, or act of God or the public enemy.

(Ord. No. O-1-06, § 1, 2-27-06)

Where, at the effective date of adoption or amendment of this zoning ordinance, lawful use

of land without buildings located thereon exists that is made no longer permissible under the terms of this zoning ordinance as enacted or amended, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(a)

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this zoning ordinance.

(b)

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this zoning ordinance.

(c)

All such nonconforming uses of land must cease within eighteen (18) months of the effective date of this zoning ordinance or any amendment thereto.

(d)

It is the intent of this provision, and it is so declared that such nonconforming use of land, where no buildings are involved, does not impair the value of the land for uses and structures permitted in the district where the land is located under this zoning ordinance and that such nonconforming use of land without buildings depreciates the value of adjacent and nearby lands developed in conformity with the regulations of this zoning ordinance.

(Ord. No. O-1-06, § 1, 2-27-06)