2005 Vermont Code - § 4408. — Nonconforming uses and noncomplying structures

§ 4408. Nonconforming uses and noncomplying structures

(a) The following definitions shall apply throughout this chapter unless the context otherwise requires:

(1) "Nonconforming use" means a use of land or a structure which does not comply with all zoning regulations where such use conformed to all applicable laws, ordinances and regulations prior to the enactment of such regulations.

(2) "Noncomplying structure" means a structure or part thereof not in conformance with the zoning regulations covering building bulk, dimensions, height, area, yards, density or off-street parking or loading requirements, where such structure conformed to all applicable laws, ordinances and regulations prior to the enactment of such zoning regulations.

(b) To achieve the purposes of this chapter set forth in section 4302 of this title, municipalities may regulate and prohibit expansion and undue perpetuation of nonconforming uses. Specifically, a municipality may control:

(1) Changes of nonconforming uses to another nonconforming use;

(2) Extension or enlargement of nonconforming uses;

(3) Resumptions of nonconforming uses, by prohibiting such resumption if such use is abandoned for any period of time or if discontinued for six calendar months regardless of evidence of intent to resume such use; and

(4) Movement or enlargement of a structure containing a nonconforming use.

(c) Notwithstanding any other provision of this section, with respect to a mobile home park that is a nonconforming use, subsection 6204(e) of Title 10 shall apply. (Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1979, No. 174 (Adj. Sess.), § 18; 1999, No. 161 (Adj. Sess.), § 4.)