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Board moves to continue nonconformance amendment after reviewing court implications
Summary
Planning staff said a recent court interpretation affects nonconforming‑use relief; the board supported amending the zoning code to preserve the town’s historical practice of allowing relief and will consider a revised draft in January.
Karen briefed the Planning Board about a recent court decision that had interpreted nonconformity language in other towns’ zoning ordinances, prompting concern that, unless local codes explicitly allow relief, owners of nonconforming properties could lose the ability to seek variances or expansions.
"If your zoning ordinance says nonconformity cannot be expanded, for example, period, there is no relief that you can get," Karen said, summarizing the court’s effect. Board members confirmed New Shoreham’s long‑standing practice of offering relief in appropriate cases and expressed support for amending the ordinance to preserve that option.
The board agreed to have staff incorporate members’ comments and to return a firmer draft in January for potential approval and referral to the council. Several members noted time sensitivity because applications have been withdrawn due to current language uncertainty.
