A nonconforming use and/or structure shall not be expanded, except in conformance with the procedures and regulations specified in this section. In no case shall such expansion extend beyond the lot occupied by such nonconforming use or structure. The expansion of a nonconforming use or structure hereunder shall be subject to approval by the Zoning Board of Appeals and each case shall be considered on an individual basis. Application forms for the expansion of a nonconforming use and/or structure shall be obtained from the CEO. The CEO shall issue a permit to allow the expansion of a preexisting nonconforming use and/or structure only upon written authorization of the Zoning Board of Appeals. The Zoning Board of Appeals, in considering such special requests, shall, at a minimum, address the following potential concerns:
A. Standards applicable to authorizing the expansion of a nonconforming use and/or structure.
(1) The location and size of the nonconforming use and/or structure, the nature and intensity of the operations involved in or conducted in connection with it, the size and site in relation to it, and the location of the site in relation to it, and the location of the site with respect to streets providing access thereto. Conditions shall be in place such that the expansion will not be inconsistent with the orderly development of the district in which the use is located.
(2) Screening or other protective measures shall be adequate to protect any adjacent properties from objectionable aspects of any such expansion of the nonconforming use.
(3) Off-street parking areas shall be of adequate size for the particular use, and access drives shall be laid out so as to achieve maximum safety and minimum inconvenience to adjacent properties.
(4) The Zoning Board of Appeals may prescribe any condition that it deems necessary or desirable to aid it in making a determination on the application and to protect the interests of the community and adjacent properties.
B. Public hearing.
(1) Before authorizing the expansion of a nonconforming use and/or structure, the Zoning Board of Appeals shall give public notice and hold a public hearing on the application in the same manner as required by law for amendments to this chapter.
(2) Prior to such public hearing, the application shall be referred to the Town Planning Board for report and recommendation. The Planning Board shall have 30 days after said referral to state its position relative to the proposed application. The Zoning Board of Appeals shall hold such public hearing at the earliest possible date following the thirty-day referral period and may take action on the proposal as it deems appropriate.
C. Limitations.
An authorization to permit the expansion of a nonconforming use and/or structure shall be deemed to authorize only the particular use or structure specified in the application and shall apply only to the area specified in the permit. A permit authorizing an expansion under this section shall expire within six months from the date of issuance if the nonconforming use and/or structure is not expanded or enlarged.
