Excepting for activities provided for above, single- and two-family residential uses and accessory uses, all changes, additions, and expansions to nonconforming uses shall be considered special uses. No change, addition, or expansion shall result in a more intensive category of use. A nonconforming retail enteprise could be converted to a barber shop, for example, but not to an industrial use. Permits for changes, additions, or expansions shall be granted only after a determination by the Planning Board that the following conditions have been, or will be, satisfied.
A. There shall be no expansion in the amount of land area outside a nonconforming facility (outdoor area) used for storage of materials, supplies and/or products, except as provided herein.
B. Where the nonconforming activity is one which necessarily results in the storage of large quantities of material, supplies or products outside (such as a lumberyard), the Planning Board may require dense evergreen screening sufficient to shield all such materials from the view of adjacent landowners and/or the traveling public.
C. No addition, change or expansion of a nonconforming use shall further violate setback and/or height regulations of the district in which it is located; however, a nonconforming single- or two-family residential use shall be granted an exception from this requirement upon receipt of an area variance from the Zoning Board of Appeals.
D. 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. A professional engineer or other appropriate professional may be relied upon to recommend appropriate measures to control stormwater runoff. Such measures shall be attached as conditions of approval by the Planning Board.
E. In no case will a change, addition or extension of a nonconforming use be allowed that would result in a traffic increase that would decrease the level of service for the highway, the diversion of traffic closer to a nearby residence or a reduction of any of the parking and unloading requirements of this chapter where additional parking or loading would otherwise be required due to the change, addition or expansion. 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 Planning Board may require vegetative screening of the parking area from nearby residential areas.
F. The use may only be expanded or extended onto another property of record if that property is immediately adjacent to the lot on which the original structure or use was located as of the effective date of this chapter or amendments hereto and the use is not one which has been altogether prohibited as a new use under this chapter.
G. Should the use proposed for expansion or extension be one which is specifically prohibited as a new use in the Town or is determined 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 expansion or extension shall be denied.