§ 9-210. Nonconforming uses.

(a)

Nonconforming uses and lots. The lawful use of any building, structure, or land existing at the time of the enactment of this chapter may be continued, although the use does not conform with the provisions of this chapter, provided the following conditions are met:

(1)

Unsafe structures. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any portion of a building structure declared unsafe by proper authority;

(2)

Alterations. A nonconforming building or structure may be altered, improved, or reconstructed provided the work is not to an extent exceeding in aggregate cost ten percent of the value of the building or structure, unless the building or structure is changed to a conforming use;

(3)

Extension. A nonconforming use shall not be extended, but the extension of a lawful use to any portion of a nonconforming building or structure which existed prior to the enactment of this chapter shall not be deemed an extension of the nonconforming use;

(4)

Changes. No nonconforming buildings, structure, or use shall be changed to another nonconforming use;

(5)

Construction approved prior to this chapter. Nothing herein contained shall require any change in plans, construction or designated use of a building or structure for which a building permit has been issued and the construction of which shall have been diligently prosecuted within three months of the date of the permit, and the ground story framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit, and which entire building shall be completed according to the plans as filed within 12 months from date of this chapter;

[(6)

Reserved. ]

(7)

Wear and tear. Nothing in this chapter shall prevent the reconstruction, repairing or rebuilding of a nonconforming building, structure or part thereof existing at the effective date of this chapter, rendered necessary by wear and tear, deterioration or depreciation provided the cost of the work shall not exceed ten percent of the value of the building or structure at the time the work is done, nor prevent compliance with the provisions of the building relative to the maintenance of buildings or structures;

(8)

Abandonment. A nonconforming use of the building or premises which has been abandoned shall not thereafter be returned to the nonconforming use. A nonconforming use shall be considered abandoned:

a.

When the intent of the owner to discontinue the use is apparent;

b.

When the characteristic equipment and the furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within one year, unless other facts show intention to resume the nonconforming use;

c.

When the building remains vacant for 12 consecutive calendar months;

d.

When it has been replaced by a conforming use; or

e.

When it has been changed to another use under permit from the board;

(9)

Displacement. No nonconforming use shall be extended to displace a conforming use;

(10)

Unlawful use not authorized. Nothing in this chapter shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of zoning regulations in effect at the time of the effective date of this chapter;

(11)

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.

(b)

Nonconforming lots.

(1)

If two or more lots-of-record or parts thereof or combinations of lots and portions of contiguous lots are in single ownership and if all or part of the lots do not meet the minimum buildable lot size requirement of the zoning district in which the land is located, the land involved shall be considered to be an undivided parcel for the purposes of the zoning and subdivision regulations and no portion of said parcel shall be used or sold which does not meet the minimum buildable lot size nor shall any division of the parcel be made which leaves remaining any lot with width, depth or area which does not meet the minimum buildable lot size of the district in which it is located.

(2)

Where a lot has less area than the minimum required, was a lot-of-record in separate ownership from adjacent property at the time of passage of this section and is currently a lot-of-record under separate ownership from any adjacent property, such lot may be used as a building site for a use permitted in the district within which the lot is located; provided, however, that the proposed development of the building site conforms with the yard setback requirements of the district in which it is located and the provisions of sections 9-209 and 9-223.

(3)

When a substandard lot is used together with one or more contiguous lots for a single use or unified development, all of the lots so used, including any lots used for off-street parking, shall be considered a single lot for the purposes of these zoning regulations.

(4)

It shall be a violation of this section to sell or convey ownership to another for any portion less than the entire parcel of land that is considered to be an undivided parcel by this section.

(5)

Any entity or individual applying for a building permit to develop a nonconforming lot or lots or portions of lots that do not meet the minimum buildable lot size requirements of the district in which it is located must provide certification from an attorney and/or adequate conveyance records or abstracts which establishes to the satisfaction of the town:

a.

That the owner of the nonconforming lot or lots or portions of lots does not own any land adjacent to the nonconforming lot, lots or portions of lots proposed to be developed, and

b.

That the acquisition of the nonconforming lot, lots or portions of lots from another included all the contiguous land owned by the other at the time of acquisition, or the acquisition occurred prior to the enactment of the nonconforming lot provisions of this section.

(6)

Notwithstanding any other provisions in this Code, to the contrary, the owner of any two contiguous lots of record, acquired prior to September 18, 1996, upon which there was and remains legally situated on either such lot a dwelling, the vacant lot may be sold without the necessity of re-subdivision approval by the planning commission. In such case neither lot shall measure less than 50 feet fronting a dedicated street by a depth of 120 feet.

Notwithstanding any other provision in this Code, to the contrary, the owner of three contiguous lots of record all facing the same street, acquired prior to September 18, 1996, upon which there was and remains a building legally situated on the center lot, the remaining two lots on either side of such building may be sold without obtaining re-subdivision approval from the planning commission. In such event no lot shall have a street frontage of less than original lot size.

Nothing contained in this subsection shall in any manner affect the set back requirements of such lots.

Proof of such required acquisition of lots shall be made to the satisfaction of the director of planning for the town.

(Ord. No. 108, § 19.19, 9-4-79; Ord. No. 190, 6-18-96; Ord. No. 362, 7-20-2010)