2-6.5 MOVING, ENLARGING, OR ALTERING NON-CONFORMING USES

No non-conforming use may be moved, enlarged, altered, or occupy additional land, except as provided in this chapter. A. ENLARGEMENT. A non-conforming use may not be enlarged, expanded, or extended to occupy all or a part of another structure or site that it did not occupy on the date on which the use became nonconforming. A non-conforming use may be extended through the same building or structure provided no structural alteration of the building or structure is proposed or made for the purpose of the extension and the parking demand is not increased. B. EXTERIOR OR INTERIOR REMODELING OR IMPROVEMENTS TO BUILDING OR STRUCTURE. Exterior or interior remodeling or improvements to a structure containing a non-conforming use shall be allowed provided there is no expansion of the area of the non-conforming use. C. RELOCATION OF BUILDING OR STRUCTURE. A building or structure containing a non-conforming use may not be moved unless the use shall thereafter conform to the regulations of the zoning district into which the building or structure is moved. D. CHANGE OF NON-CONFORMING USE TO A CONFORMING USE. Whenever any non-conforming use is changed to a conforming use, such use shall not later be changed back to a non-conforming use. 1. APPLICATION. Application for any non-conforming use must be made upon forms provided by the Town Clerk. Upon filing of a complete application, the Town shall post the property indicating that an application for modification of a non-conforming use has been filed and that more detailed information may be obtained from the Town. 2. NOTIFICATION OF ABUTTING PROPERTY OWNERS. Notice shall be provided pursuant to the notice matrix in Chapter 3. 3. PLANNING COMMISSION MEETING. Within forty five (45) calendar days of the receipt of a complete application, and after giving public notice, the Planning Commission shall hold a public meeting on the non-conforming use application. The Commission shall either grant the application in whole or in part, with or without modifications or conditions, or deny the application. The Commission’s decision shall be made pursuant to criteria provided below. 4. CRITERIA. The Planning Commission shall approve an application to change a non-conforming use to another nonconforming use if the applicant proves the following criteria: a. All reasonable measures will be undertaken to alleviate or reduce the incompatibility or adverse effects of the non-conforming use or building upon abutting properties or in the neighborhood; b. All changes, additions, or expansions comply with all current laws except as to use; c. The new use, if applicable, will provide for enclosed storage of necessary equipment, materials, and refuse, rather than create a need for additional outside storage; and d. The new use does not increase the parking requirement; or if there is an increase, the site plan meets the parking requirement and the Planning Commission finds that adjoining properties and the neighborhood will not be adversely impacted by the increased parking demand.