Waterford Town City Zoning Code
ARTICLE IV
Nonconforming Uses and Structures
§ 161-24 Continuation.
Any nonconforming use, building or structure which existed lawfully at the time of enactment of this chapter may be continued, subject to the regulations which follow in this article.
§ 161-25 Registration.
All nonconforming uses shall be registered by the Building Inspector.
§ 161-26 Nonconforming use of land.
A.
The nonconforming use of land shall not be enlarged or extended beyond the area of land occupied by such use at the time of adoption of this chapter.
B.
A nonconforming use of land shall not be changed to another nonconforming use.
C.
If a nonconforming use of land is discontinued for a period of 12 consecutive months, it shall not be renewed, and any subsequent use of the land shall conform to the regulations of the district in which the land is located, except upon special extension, not to exceed 12 months, to be granted upon application to the Board of Appeals and in its discretion.
§ 161-27 Nonconforming use of buildings.
A.
Additions. A nonconforming building shall not be added to or enlarged in any manner, unless such nonconforming building and the use thereof is made to conform to all the regulations of the district in which it is located.
B.
Alterations and repairs. No structural alterations shall be made to any nonconforming building, unless such alterations are required by law or except as authorized under Subsection E of this section; provided, however, that such maintenance and repairs as are required to keep a nonconforming building in sound condition shall be permitted.
C.
Changes. A nonconforming use of a building may not be changed except to a conforming use. When so changed, the nonconforming use may not be resumed thereafter.
D.
Discontinuance. A nonconforming use of a building, or a portion thereof, which is discontinued for a period of 12 consecutive months shall not be reestablished, and any subsequent use shall conform to the use regulations of the district in which the premises are located. A use shall be deemed to have been discontinued under either of the following conditions.
(1)
Vacancy of a nonconforming use building or discontinuance of a nonconforming use for a period of 12 consecutive months.
(2)
Manifestation of a clear intent on the part of the owner to abandon the nonconforming use.
E.
Extension or enlargement. No conforming use of a building shall hereafter be extended or enlarged, except that, when authorized by the Board of Appeals as a special permit, a building containing a nonconforming use existing on the effective date of this chapter or amendment creating such nonconforming use may be enlarged to an extent not exceeding 75% of the gross floor area of the existing building or buildings devoted to such use, provided that:
(1)
No more than one such enlargement or extension shall be permitted for any nonconforming use, notwithstanding any subsequent change in tenancy or ownership.
(2)
Such enlargement or extension shall not result in an extension beyond the premises on which such nonconforming use is located.
(3)
Such enlargement or extension shall not decrease any required yard dimension or exceed the maximum coverage permitted to a single-family residence on a minimum size lot in the same district in which such nonconforming use is located.
(4)
Parking and off-street loading space shall be as required in Article V of this chapter. Such requirements shall be computed for the entire nonconforming use, including the original structure and the proposed extension or enlargement.
F.
Restoration. A building devoted to a nonconforming use which is destroyed or damaged may be repaired or rebuilt and thereafter used for the same nonconforming use, provided that such restoration or repair is commenced within 18 months after the destruction or damage and provided that such repair or restoration is on the same land premises.
G.
Removal. If any building in which any nonconforming use is conducted is hereafter removed, the subsequent use of the land on which such building was located and the subsequent use of any building erected thereon shall conform to the regulations of the districts.
H.
Validity of permit. Any building intended for a nonconforming use, on which the construction has been lawfully started and diligently prosecuted before the effective date of this chapter, may be completed. The entire building shall be completed within two years from the date of this chapter.
§ 161-28 Effect on wrecking yards and junkyards.
Any automobile wrecking yard or junkyard in existence within the Town at the date of enactment of this chapter shall be discontinued within three years of the date of enactment of this chapter. See also Chapter 158A, Vehicles, Inoperable, Abandoned, Junk and Oversized.