The schedule of requirements includes basic bulk, setback, density, intensity and open space requirements for each zone district. Additional requirements are listed for uses permitted by special review.
Schedule of Requirements Residential Districts (See Note #1) | |||||
Standard | E-R | R-1 | R-2 | R-R | MHPD |
Schedule of Requirements Residential Districts (See Note #1) | |||||
Standard | E-R | R-1 | R-2 | R-R | MHPD |
Minimum lot area (square feet) | 43,560 | 8,750 | 8,750 | 43,560 | 5,000 |
Minimum dwelling space (square feet) (see Note #2) | 1,200 | 864 | 864 | 864 | 480 |
Max building or structure height (feet) (see Notes #3, 4) | 40 | 40 | 40 | 40 | 30 |
Maximum height of accessory uses (feet) | 25 | 20 | 20 | 25 | 20 |
Maximum number of stories | 3 | 3 | 3 | 3 | 1 |
Minimum lot width (feet) | 150 | 70 | 70 | 150 | 50 |
Yard Requirements (feet) Front yard setback from all roads: (See Notes #5, 6) |
Yard Requirements (feet) Front yard setback from all roads: (See Notes #5, 6) | |||||
Local | 25 | 25 | 25 | 25 | 25 |
Side yard (accessory use) | 3 | 3 | 3 | 3 | 3 |
Side yard (principal use) (see Note #6) | 25 | 7 | 7 | 25 | 7 |
Rear yard (principal uses) | 50 | 3 | 3 | 50 | 15 |
Rear yard | 50 | 3 | 3 | 50 | 3 |
Rear entry garages | 50 | 15 | 15 | 50 | 15 |
Maximum lot area | 5 acres | - - - | - - - | 5 acres | - - - |
Maximum lot coverage | 20% | - - - | - - - | 20% | - - - |
Minimum landscaped open space | - - - | 20% | 30% | - - - | 30% |
NOTES: 1) All requirements subject to Uniform Building Code standards for specific type of construction; 2) Dwelling space as measured by interior walls; 3) Number of stories does not include a crawlspace nor a basement; 4) Subject to Uniform Building Code restrictions regarding type of construction; 5) Where lots comprising 25% or more of the frontage of any block are developed with buildings having a predominate setback, no building hereafter erected shall project beyond the predominate setback so established; provided that no setback shall be greater than 50 feet; and 6) For all residential corner lots, the front and the street-facing side of the building shall comply with the setback requirement of the street upon which the front of the building faces. | |||||
Schedule of Requirements Commercial and Business District (see Note #1) | ||
Standard | BD | CD |
Schedule of Requirements Commercial and Business District (see Note #1) | ||
Standard | BD | CD |
Minimum lot area (square feet): | ||
- Nonresidential | 3,125 | 9,375 |
- Residential (see Note #2) | 8,750 | 8,750 |
Maximum building or structure height (feet) | 50 | 50 |
Minimum lot width | 25 | 75 |
Maximum number of stories | 4 | 4 |
Yard Requirement (feet) | ||
Front yard setback | ||
- Arterial (through street) | 10 | 30 |
Side yard (see Note #3) | 0 | 10 |
Rear yard | 20 | 25 |
NOTES: 1) All requirements subject to Uniform Building Code standards for specific type of construction; 2) Residential minimum lot sizes in both the BD and the CD shall conform to the requirements of the R-2 District; and 3) In the CD, the minimum side yard shall be 10 feet for the first 25 feet of the building height. Buildings in excess of 25 feet shall increase the side yard setback 1 foot for each 2 feet of building height over 25 feet to a maximum of 25 feet. | ||
Schedule of Requirements Industrial District | |
Standard | ID |
Schedule of Requirements Industrial District | |
Standard | ID |
Minimum lot area (square feet) | 14,000 |
Maximum building or structure height (feet) | 50 |
Maximum number of stories | 4 |
Minimum lot width (feet) | 125 |
Yard requirements (feet) | |
Minimum setback from residential zone district boundaries (shall include landscaping as determined by the Zoning Administrator, including a minimum of 6 conifer trees per 100 feet with a minimum 4-inch base caliper for each tree) | 100 feet |
Minimum setback from residential zone district boundaries (shall include landscaping as determined by the Zoning Administrator, including a minimum of 4 conifer trees per 100 feet with a minimum 4-inch base caliper for each tree) | 50 feet |
Side yard setback (feet) | 20 |
Rear yard setback (feet) | 30 |
Schedule of Requirements Conservation District | |
Standard | CON |
Minimum lot area (square feet) | 8,750 |
Maximum building or structure height (feet) | 30 |
Maximum number of stories | 2 |
Minimum lot width (feet) | 70 |
Maximum lot coverage | 35% |
Yard Requirements (feet): | |
Front yard setback (feet) | 30 |
Side yard setback (feet) | 10 |
Rear yard setback (feet) | 25 |
(A) Zoning amendments (rezoning).
(1) Amendments to the text of this chapter or to the zoning map are made according to the provisions of this section.
(2) Amendments, supplements, changes or repeal of this chapter or any section thereof, or to the official zoning map may be initiated by application of:
(a) Any citizen, group of citizens, firm or corporation owning property in the town;
(b) The Planning Commission; or
(c) The Town Board of Trustees.
(B) Amendment requests. Requests to amend this chapter initiated by the Town Board or Planning Commission, or by town staff, will be prepared as a draft ordinance by the Town Attorney and planning staff, after review and recommendation by the Planning Commission and presented to the Town Board for the scheduling of a public hearing.
(C) Petitions.
(1) Any citizen of the town who owns property may petition the Town Board to amend this chapter by filing a petition with the Administrator.
(2) If the petition is to amend the text of this chapter, then one typewritten copy of the text is to be submitted to the Administrator.
(3) If the petition is to amend the zoning district classification, the petitioner must be the owner of the affected property or accompany the amendment request with a petition signed by owners of a majority of the land affected by the amendment request.
(4) This petition shall include items listed in § 153.176 as well as other information deemed relevant by the Administrator or required by this chapter.
(D) Hearings. Upon receiving said application, the Administrator shall schedule a date for Planning Commission review at a public meeting and a date for a public hearing before the Town Board.
(E) Planning Commission consideration.
(1) (a) All applications for changes to the zoning ordinance or map shall be referred by the Town Manager to the Planning Commission. The Planning Commission will review the proposed amendment ordinance within a period of 30 days so as to have recommendations to present to the Board at the public hearing.
(b) However, the Planning Commission can also ask the Board to delay its final decision if the Commission is not ready to make recommendations at the public hearing.
(2) The Town Board is required to have the recommendations of the Planning Commission before making a decision, but it is not bound by any recommendation of the Commission.
(3) (a) The Planning Commission shall review the proposed amendment relative to the goals and policies of the town’s comprehensive plan, and any other appropriate approved plans.
(b) In particular, the Planning Commission shall advise the Town Board if the adoption of the proposed amendment would necessitate a comprehensive plan amendment, and evaluate the amendment according to the criteria and procedure outlined in the comprehensive plan.
(F) Notice of hearing required.
(1) No amendment to the text of this chapter may be adopted until a public hearing has been held on the proposal. Notice shall be given by publication in the official newspaper or newspaper of general circulation in the town at least 15 days before the hearing.
(2) All amendments shall follow the public notice requirements of § 153.173. If the amendment request was initiated by the town, the town shall be responsible for meeting the public notice requirements, but not any mailing requirements. The newspaper notice period is 15 days; mailing notice period is 15 days; and sign posting period is ten days.
(G) Town Board action on amendments.
(1) The Town Board is not required to take final action on a proposed amendment within any specific period of time, but shall proceed as expeditiously as practicable.
(2) In deciding whether to adopt a proposed amendment to this chapter, the central issue before the Town Board is whether the change promotes the public health, safety and welfare. The Board must consider all potential uses that may result from a change in zoning and whether these uses are more appropriate than the range of uses allowed in the existing classification.
(H) Protests to zoning district changes. The adoption of any amendment, supplement, change, modification or repeal shall require the favorable vote of a majority of the Board of Trustees, except that, under the following circumstances, a favorable vote of not less than three-fourths of the voting members shall be required.
(1) Whenever a protest against such changes is filed with the Town Clerk, the protest shall be signed by the owners of 20% or more either of the lots included in such proposed change, or of those immediately adjacent extending 100-feet in any direction; or
(2) Whenever the Planning Commission has not recommended approval of such change.
(K) Zoning map.
(1) Official zoning map.
(a) There shall be a map known and designated as the official zoning map which shall be boundaries of all zoning districts within the town’s planning jurisdiction. The map shall be drawn or acetate or other durable material from which prints can be made, shall be dated and shall be kept in the Planning Department.
(b) The official zoning map dated ______________ is adopted and incorporated herein by reference. Amendments to this map shall be made and proposed in accordance with division (K)(3) below.
(c) Should the official zoning map be lost, destroyed or damaged, the Administrator may have a new map drawn on acetate or other durable material from which prints can be made. No further Town Board authorization or action is required so long as no district boundaries are changed in this process.
(2) Interpretations of the zoning map. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:
(a) Boundaries indicated as approximately following the centerline of alleys, streets, highways, streams or railroads shall be construed to follow such centerline;
(b) Boundaries indicated as approximately following lot lines, town limits or extraterritorial boundary lines shall be construed as following such lines, limits or boundaries;
(c) Where a district boundary divides a lot or where distances are not specifically indicated on the official zoning map, the boundary shall be determined by measurement, using the scale of the official zoning map; and
(d) Where any street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment.
(3) Amendments to official zoning map.
(a) Amendments to the official map are accomplished using the procedures that apply to other amendments to this chapter. Map areas changed to PD shall be numbered sequentially and identified by their case reference number on the map.
(b) The Administrator shall update the official zoning map as soon as possible after amendments to it are adopted by the town. Upon entering any such amendment on the map, the Administrator shall change the date of the map to indicate its latest revision. New prints of the update map may then be issued.
(c) No unauthorized person may alter or modify the official zoning map.
(d) The town shall keep copies of superseded prints of the zoning map for historical reference.
(L) Board of Adjustment appeals, variances interpretations of activities administered by staff.
(1) Board of Adjustment.
(a) The Board of Adjustment shall consist of either the Board of Trustees or five citizen appointees. Each of the three citizen appointees shall serve terms of three years, with a new member appointed every year. Any member of the Board of Adjustment may be removed for cause by the Board of Trustees upon written charges and after public hearing.
(b) The members of the Board of Adjustment shall receive such compensation as the Board of Trustees may provide.
(c) The Board of Trustees may appoint associate members of the Board of Adjustment and shall approve a schedule providing for alternating service of such alternate members in the event that any regular member is temporarily unable to act owing to absence from the town, illness, interest in a case before the Board or any other cause.
(d) Meetings of the Board of Adjustment shall meet at the call of the Chairperson, and at such other times as specified by the Board of Adjustment in its Rules of Procedure. All meetings of the Board of Adjustment shall be open to the public. The Chairperson, or in his or her absence, the acting Chairperson, may administer oaths and compel the attendance of witnesses. The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member on each question and showing any absences or abstentions on each vote. The Board of Adjustment shall keep records of its examination and other official actions.
(e) The Board of Adjustment may adopt supplemental by-laws not inconsistent herewith.
(2) Appeals.
(a) Any aggrieved person may appeal a final order or decision of the Administrator to the Board of Adjustment when there is an alleged error in the resulting requirement, decision or approval determination appropriate for the Board of Adjustment review. An appeal is made by filing with the town a written notice of appeal specifying the reasons for the appeal. A notice of appeal shall be considered filed with the Administrator and the Board of Adjustment when delivered to the town offices, and the date and time filing shall be entered on the notice by the town staff.
(b) An appeal must be made within 30 days after the date of the decision or order appealed from.
(c) Whenever an appeal is filed, the Administrator shall forthwith transmit to the Board of Adjustment all records relating to the action appealed form.
(d) 1. An appeal stays all actions by the Administrator seeking enforcement of or compliance with the order or decision appealed from, unless the Administrator certifies to the Board of Adjustment the belief that due to the facts contained in the certification, a stay would cause imminent peril to life or property.
2. In that case, proceedings shall not be stayed except by order of the Board of Adjustment or a court, issued on application of the party seeking the stay, for due cause shown, and after notice to the Administrator.
(e) The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or agency or to decide in favor of the appellant.
(f) The Board shall hold a public hearing on all appeals after providing notice in an official paper or newspaper of general circulation in the town in not less than one issue to be published at least one week in advance of the regular or special meeting of the Board of Adjustment at which the appeal is to be considered. Notice shall specify the meeting agenda and location of the parcel of land which shall be the subject of the hearing and shall decide the appeal within 60 days of the date of the appeal.
(h) A written notice of such hearing shall be sent to adjacent property owners, at least 15 days prior to the hearing. In the event that adjacent property held in common ownership, the notice shall be sent to the appropriate homeowners or condominium association. The appellant shall supply the names of the adjacent property owners at the time of filing the application.
(i) In accordance with the fee schedule contained in this chapter, a fee shall be charged for each appeal to cover administrative costs of processing. The appellant shall also be required to reimburse the town for the cost of any published notices required in consideration of his or her appeal under the provisions hereof.
(j) The Board of Adjustment may reverse, affirm or modify the order, requirement, decision or determination appealed from and shall make any order, requirement, decision or determination that, in its opinion, out to be made in the case before it. To this end, the Board shall have all the powers of the officer from whom the appeal is taken.
(3) Variances.
(a) An application for a variance shall be submitted to the Board of Adjustment by filing a copy of the application with the Administrator. Applications shall be complete. A staff report shall accompany the application to the Board.
(b) 1. A variance may be granted by the Board of Adjustment if it concludes that strict enforcement of this chapter would result in practical difficulties or unnecessary hardship for the applicant and that, by granting the variance, the spirit of this chapter will be observed, public safety and welfare secured and substantial justice done.
2. It may reach these conclusions if it finds that:
a. If the applicant complies strictly with the provisions of this chapter, he or she can make no reasonable use of his or her property;
b. The hardship of which the applicant complains is one suffered by the applicant rather than by neighbors or the general public;
c. The hardship relates to the applicant’s land, rather than the personal circumstances;
d. The hardship is unique and unusual, or nearly so, rather than one shared by many surrounding properties;
e. The variance requested is the minimum that will afford relief and the least possible modification of the requirements of this chapter;
f. The hardship is not the result of the applicant’s own actions; and/or
g. The variance will neither result in the extension of a nonconforming situation in violation nor authorize the initiation of a nonconforming use of land, nor conflict with the goals and policies of the comprehensive plan.
(c) In granting variances, the Board of Adjustment may impose such reasonable conditions as will ensure that the use of the property to which the variance applies will be as compatible as practicable with the surrounding properties.
(d) A variance may be issued for an indefinite duration or for a specified duration only.
(e) The nature of the variance and any conditions attached to it shall be entered on the face of the zoning permit, or the zoning permit may simply note the issuance of the variance and refer to the written record of the variance for further information. All such conditions are enforceable in the same manner as any other applicable requirement of this chapter.
(4) Map interpretations.
(a) The Administrator interprets the official zoning map. The Board of Adjustment is authorized to hear appeals on zoning map and to pass upon disputed questions of lot lines or district boundary lines and similar questions.
(b) An application for a map interpretation shall be submitted to the Board of Adjustment by filing a copy of the application with the Administrator. The application shall contain sufficient information to enable the Board to make the necessary interpretation.
(c) Interpretations of the zoning map shall follow the guidelines of this chapter.
(5) Requests to be heard expeditiously. The Board of Adjustment shall hear and decide all appeals, variances requests and requests for interpretations consistent with the need to follow regularly established agenda procedures; provide notice; and obtain the necessary information to make sound decisions.
(6) Burden of proof in appeals and variances.
(a) When an appeal is taken to the Board of Adjustment, the Administrator shall have the initial burden of presenting to the Board sufficient evidence and argument to justify the order or decision under appeal. The burden of presenting evidence and argument to the contrary then shifts to the appellant, who shall also have the burden of persuasion.
(b) The burden of presenting evidence sufficient to allow the Board of Adjustment to reach any conclusions, as well as the burden of persuasion on relevant issues, remains with the applicant seeking the variance.
(7) Board of Adjustment action of appeals or variances.
(a) The Board of Adjustment, before deciding requests for appeals or variances, shall hold a public hearing following standard hearing procedures.
(b) All motions to reverse, affirm or modify the order, requirement, decision or determination appealed from shall include, to the extent practicable, a statement of the specific reasons or findings of facts that support the motion. If a motion to reverse or modify is not made or fails to receive the four votes necessary for adoption, then a motion to uphold the decision appealed from shall be in order. This motion is adopted as the Board’s decision if supported by a majority of the Board’s membership present.
(c) Before granting a variance, the Board must take a separate vote and vote affirmatively by four of the regular Board members.
(d) A motion to deny a variance may be made on the basis that more than one of the criteria set forth in this chapter are not satisfied or that the application is incomplete. Insofar as practicable, such a motion shall include a statement of the specific reasons or findings of fact that support it. This motion is adopted as the Board’s decision if supported by a majority of the Board’s membership present.
(M) Nonconforming situations.
(1) Intent. Within the districts established by this zoning code or amendments thereto that may be adopted, there exists lots, structures and uses of land structures, which were lawfully established before this chapter was passed or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendment. It is the intent of this section to permit the nonconformities to continue until they are removed, but not to encourage their survival. It is the further intent of this chapter that the nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
(2) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DIMENSIONAL NONCONFORMITY. A nonconforming situation that occurs when the height, size or minimum floor space of a structure or the relationship between an existing building or buildings and other building or lot lines does not conform to the regulations applicable to the district in which the property is located.
EFFECTIVE DATE OF THIS CHAPTER. Whenever this section refers to the effective date of this chapter, the reference shall be deemed to include the effective date of any amendments to this chapter if the amendment, rather than this chapter as originally adopted, created a nonconforming situation.
EXPENDITURE. A sum of money paid out in return for some benefit or to fulfill some obligation. The term also includes binding contractual commitments to make future expenditures, as well as any other substantial changes in position.
NONCONFORMING SIGN. A sign that, on the effective date of this chapter, does not conform to one or more of the regulations set forth in this chapter.
NONCONFORMING SITUATION.
1. A situation when, on the effective date of this chapter, an existing lot or structure or use of an existing lot or structure does not conform to one or more of the regulations applicable to the district in which the lot or structure is located.
2. Among other possibilities, a NONCONFORMING SITUATION may arise because a lot does not meet minimum square footage requirements, because structures exceed maximum height limitations, because the relationship between existing buildings and the land (in such matters as density and setback requirements) is not in conformity with this chapter or because land or buildings are used for purposes made unlawful by this chapter. Nonconforming signs shall not be regarded as NONCONFORMING SITUATIONS for purposes of this chapter.
(3) Continuation of nonconforming situations and completions of nonconforming projects.
(a) Where, at the time of the passage of this zoning ordinance, or amendment thereof, lawful use of land exists which would not be permitted by the regulations imposed by this chapter, the use may be continued so long as it remains otherwise lawful, provided that the following apply.
1. No such nonconforming situation shall be enlarged or increased, nor extended to occupy greater area of land than was occupied at the effective date of adoption or amendment of this chapter.
2. No such nonconforming situation shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this chapter.
3. If any such nonconforming situation ceases for any reason for a period of more than one year, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
4. No additional structures not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land.
5. A nonconforming use shall not be changed to a use of lower or less restrictive classification, but such nonconforming use may be changed to another use of the same or higher classification.
(b) Unless otherwise specifically provided in this chapter and subject to the restrictions and qualifications listed below, nonconforming situations that were otherwise lawful on the effect date of this chapter may be continued.
(c) Nonconforming projects may be completed only in accordance with the provisions listed below.
(4) Undeveloped nonconforming lots.
(a) When a nonconforming lot can be used in conformity with all the regulations applicable to the intended use, except for the required lot minimums, then the lot may be used as proposed. However, no use (e.g., a two-family residence) requiring a lot size greater than the established minimum lot size for a particular zone is permissible on a nonconforming lot.
(b) When the use proposed for a nonconforming lot is one that is conforming in all respects but the applicable setback requirements, then the town may allow deviations from the applicable setback requirements if it finds that:
1. The property cannot reasonably be developed for the use proposed without such deviations;
2. These deviations are necessitated by the size or shape of the nonconforming lot; and
3. The property can be developed as proposed without any significantly adverse impact on surrounding properties or the public health or safety.
(c) Compliance with applicable building setback requirements is not reasonably possible if a building that serves the minimal needs of the use proposed for the nonconforming lot cannot practicably be constructed and located on the lot in conformity with such setback requirements. However, mere financial hardship does not constitute grounds for finding that compliance is not reasonably possible.
(d) An adjacent nonconforming lot under the same ownership at the date this chapter becomes effective may not utilize the provisions of this division (M)(4), nor may the successors in interest of these lots. The interest of this section is to require undeveloped nonconforming lots to be combined with adjacent like lots to create conforming lots.
(5) Extension or enlargement of nonconforming situations.
(a) 1. Except as specifically provided in this section, no person may engage in any activity that causes an increase in the extent of nonconformity of a nonconforming situation.
2. In particular, physical alteration of structures or the placement of new structures on open land is unlawful if such activities results in:
a. An increase in the total amount of space devoted to a nonconforming use; or
b. Greater nonconformity with respect to dimensional restrictions such as setback requirements, height limitations or density requirements or other requirements such as parking requirements.
(b) A nonconforming use may be extended throughout any portion of a completed building that, when the use was made nonconforming by this chapter, was manifestly designed or arranged to accommodate such use. However, (authorizing the completion of nonconforming project in certain circumstances), a nonconforming use may not be extended to additional buildings or to land outside the original building.
(c) A nonconforming use of open land may not be extended to cover more land than was occupied by that use when it became nonconforming, except that a use involving the removal of natural materials from the lot (e.g., a sandpit) may be expanded to the limits of its existing permit within the lot.
(d) 1. Whenever:
a. There exists a lot with one or more structures involving nonconforming uses on it;
b. A change to a conforming use that does not involve any enlargement of a structure is proposed for such lot; and
c. The parking or loading requirements that would be applicable as a result of the proposed change cannot be satisfied on such lot because insufficient area is available on the lot practicably be used for parking or loading, then the proposed use shall not be regarded as resulting in an impermissible extension or enlargement of a nonconforming situation.
2. However, the applicant shall be required to comply with all applicable parking and loading requirements that can be satisfied without acquiring additional land and shall also be required to obtain satellite parking if:
a. Parking requirements cannot be satisfied on the lot with respect to which permit is required; and
b. Such satellite parking is reasonably available.
(6) Repair, maintenance and reconstruction.
(a) Minor repairs to and routine maintenance of property where nonconforming situations exist are permitted and encouraged. Major renovations may be done only in accordance with a zoning permit issued pursuant to this chapter.
(b) If a structure located on a lot where a nonconforming situation exists, then the damaged structure may be repaired or replaced only in accordance with a zoning permit issued pursuant to this section.
(c) For purposes of divisions (M)(6)(a) and (M)(6)(b) above, the following apply.
1. The COST OF RENOVATION OR REPAIR OR REPLACEMENT shall mean the fair market value of the materials and services necessary to accomplish such renovation, repair or replacement, as reflected in the plans submitted for a building permit, or other materials supplied by the applicant.
2. The COST OF RENOVATION OR REPAIR OR REPLACEMENT shall mean the total coast of all such intended work, and no person may seek to avoid the intent of divisions (M)(6)(a) or (M)(6)(b) above by doing such work incrementally.
3. The APPRAISED VALUATION shall mean the valuation determined by a professionally recognized property appraiser.
(d) The Administrator shall issue the zoning permit authorized by this section if he or she finds that, in completing the renovation, repair or replacement work:
1. No violation will occur; and
2. The permittee will comply to the extent reasonably possible with all provisions of this chapter applicable to the existing use (except that the permittee shall not lose his or her right to continue a nonconforming use). Reasonably possible compliance does not include increasing the size of a lot or moving a substantial structure sited on a permanent foundation. Mere financial hardship caused by the cost of meeting such requirements as paved parking does not constitute grounds for finding that compliance is not reasonably possible.
(7) Change in use of property where a nonconforming situation exists.
(a) A change in use of a nonconforming situation sufficiently substantial to require a new zoning, special use or conditional use permit may only be made in accordance with divisions (M)(2) through (M)(4) above.
(b) If the intended change in use is to a principal use permissible in the district where the property is located, and all other requirements of this chapter can be complied with.
(c) If the intended change in use is to a principal use permissible in the district where the property is located, but not all requirements of this chapter can reasonably be complied with; provided that the proposed change does not add additional nonconformities or increases the extent of nonconformity.
(d) If the intended change in use is to another principal use that is also nonconforming, then the permit issuing board must find that the proposed development will have less of an adverse impact on those most affected by it and will be more compatible with the surrounding neighborhood than the current use.
(8) Discontinuation and termination of nonconforming situation.
(a) When a nonconforming use is discontinued or abandoned for a consecutive period of one year, future uses may be for conforming purpose only.
(b) Nonconforming uses must meet all the requirements of this chapter, except those specific to that particular nonconformity if it cannot be reasonably eliminated. The permit shall specify which nonconformities need not be corrected.
(c) 1. For the purposes of this selection, all of the buildings, activities and operations maintained on a lot are generally considered as a whole. For example, failing to rent one apartment in a nonconforming apartment building for one year shall not result in a loss of the right to rent that apartment or space thereafter so long as the apartment building as a whole is continuously maintained.
2. However, discontinuing an accessory nonconforming use for the required period shall terminate the right to maintain it thereafter.
(d) When a structure or operation made nonconforming by this chapter is vacant or discontinued at the effective date of this chapter, the one-year period for the purpose of this section begins to run on the effective date of this chapter.
(9) Completion of nonconforming projects.
(a) 1. Only nonconforming projects which have received vested property rights by the effective date of this chapter may be completed in accordance with the terms of their permits, so long as these permits were validly issued and remain unrevoked and unexpired.
2. If a development is designed to be completed in stages, this division (M)(9) shall apply only to the particular phase under construction or with vested rights.
(b) Except as provided in division (M)(9)(a) above, all projects may begin or may be continued only pursuant to a variance, zoning, special use, conditional use or signed permit issued in accordance with this chapter by the town.
(c) 1. The Administrator shall send copies of this section to the person listed as owners for tax purposes (and developers, if different from owners) of all properties to which permits have been issued for nonconforming projects or in regard to which a nonconforming project is otherwise known to be in some state of development.
2. This notice shall be sent by mail not less than 15 days before the effective date of this chapter.
(Ord. 2-98, passed 4-22-1998; Ord. 2-09, passed - -2009; Ord. 20-2016, passed 10-26-2016) Penalty, see § 153.999