Planning & Zoning Ordinance
Article 29-4 General Land and Building Provisions
Section 29-4-1 Intent
The intent of this Chapter is to accumulate provisions applying to all land and buildings within the Town into one Chapter rather than to repeat them several times.
Section 29-4-2 Nonconforming Buildings and Uses
- In view of the fact that no further development or change in
use can be undertaken contrary to the provisions of this title,
it is the intent of this title that nonconforming uses shall not
be increased nor expanded except where a health or safety official,
acting in his official capacity, requires such increase or expansion.
Such expansion shall be no greater than that which is required
to comply with the minimum requirements as set forth by the health
or safety official. Nevertheless, a nonconforming building or
structure or use of land may be continued to the same extent and
character as that which legally existed on the effective day of
the applicable regulations. Repairs may also be made to a nonconforming
building or to a building housing a nonconforming use.
- A nonconforming building or structure and a building or structure
occupied by a nonconforming use which is damaged or destroyed
by fire, flood, other calamity or act of nature, may be restored,
and the building or structure or use of such building, structure,
or part thereof may be continued or resumed, provided that such
restoration is started within a period of six (6) months from
the date of destruction and is diligently prosecuted to completion.
Such restoration shall not increase the floor space devoted to
the nonconforming use over that which existed at the time the
building became nonconforming.
- A nonconforming building or structure or portion thereof or
a lot occupied by a nonconforming use which is, or hereafter becomes,
abandoned or is discontinued for a continuous period of six (6)
months or more shall not thereafter be occupied, except by a use
which conforms to the regulations of the zone in which it is located.
- Any nonconforming use or nonconforming building which has been
changed to a conforming use or building shall not thereafter be
changed back to a nonconforming use or building.
- A nonconforming use of a building or lot shall not be changed
to another nonconforming use whatsoever. Changes in use shall
be made only to a conforming use.
- The provisions pertaining to nonconforming uses of land and
buildings shall also apply to land and buildings which hereafter
become nonconforming due to an amendment in this title.
- Notwithstanding the issuance of a permit therefor, no building which becomes nonconforming upon the passage of the Ordinance codified in this title or which becomes nonconforming due to amendment to this title shall be built unless construction has taken place thereon to the extent of at least five hundred dollars ($500) in replaceable value by the date on which the Ordinance codified herein or said amendment becomes effective. "Replaceable value" means the expenditure necessary to duplicate the materials and labor at market prices.
Section 29-4-3 Nonconforming Lots of Record
Notwithstanding any other provision of this title, a one-family dwelling may be constructed on any lot of record in any zone in which dwellings are permitted, even though such lot fails to meet the area or width requirements for one-family dwellings within the zone. Where two (2) or more continuous lots of record, having continuous frontage, are owned by the same person at the time of the passage of the controlling Ordinance, the land included in the lots shall be considered to be an undivided parcel and no portion of said parcel shall be used as a dwelling site or sold which does not meet the area and width requirements of the zone in which the lot is located. Yard dimensions and other requirements not involving area or width shall conform to the regulations of the zone in which the lot is located.