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Zoning Regulations Amendments through ... - Town of Vernon

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TOWN OF VERNON<br />

ZONING REGULATIONS<br />

SECTION 11 - NON-CONFORMING USES AND BUILDINGS<br />

11.1 Requirements, non-conforming use.<br />

11.1.1 Any building or use lawfully existing at the time <strong>of</strong> adoption <strong>of</strong> these<br />

regulations which does not conform to the requirements for the zone in which<br />

it is located may be continued subject to compliance with the following<br />

conditions:<br />

11.1.1.1 Such non-conforming use may not be changed to another nonconforming<br />

use without a Special Exception from the <strong>Zoning</strong> Board<br />

<strong>of</strong> Appeals, and then only to use equally or more nearly in<br />

conformity.<br />

11.1.1.2 Such non-conforming use shall not be re-established after a year <strong>of</strong><br />

non-use unless the property owners can show that they intended<br />

not to abandon the use and that they had a reason for such non-use<br />

for such year period.<br />

11.2 Any use <strong>of</strong> a building or structure having within it a non-conforming use shall<br />

not be:<br />

11.2.1 Extended or enlarged.<br />

11.2.2 Rebuilt or restored at the same location and again used after damage by fire,<br />

explosion or other catastrophe exceeding eighty (80) percent <strong>of</strong> its fair market<br />

value immediately prior to damage. Application for a permit to rebuild or<br />

restore the damaged portion shall be filed within six (6) months <strong>of</strong> damage.<br />

11.3 Requirements, non-conforming lots/building. Any building which is on a nonconforming<br />

lot by reason <strong>of</strong> inadequate lot width, lot area, yards or floor area may be<br />

altered, enlarged, extended or rebuilt provided such enlargement meets the yard and<br />

height requirements or, as a variance by the <strong>Zoning</strong> Board <strong>of</strong> Appeals, any<br />

enlargement may extend into the required yards a distance not greater than the<br />

existing building.<br />

11.4 The operative date <strong>of</strong> the regulations for the purpose <strong>of</strong> establishing nonconformance<br />

status is July 1, 1965, the effective date <strong>of</strong> consolidation <strong>of</strong> the<br />

<strong>Town</strong> <strong>of</strong> <strong>Vernon</strong>.<br />

10/02/2006 128

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