The town filed a petition in superior court seeking to enjoin the stockpiling activity on the lot. On appeal, the town argues that when Wickson abandoned the nonconforming farming use of the property, he also abandoned all nonconforming uses incidental to pig farming, including his right to stockpile earthen materials. Therefore, the continued stockpiling constitutes a substantial change in use. Wickson contends that when determining whether a substantial change in the nonconforming use has taken place, the trial court properly focused on the consistency of the use and not whether the use was incidental to the lot's use when the farm existed. Thus, no change has occurred because the stockpiling activity is comprised of manure being mixed with earthen products for commercial sale just as when the farm existed.
Nonconforming uses relate to conditions that exist prior to the time a zoning ordinance is passed.
A nonconforming use is a lawful use existing on the land at the time an ordinance prohibiting that use is adopted. The right to maintain nonconforming uses is meant to protect property owners from a retrospective application of zoning ordinances, so that property owners may continue using and enjoying their property when their uses were lawful prior to the enactment of a zoning ordinance . . . . New London Land Use Assoc. New London Land Use Assoc. Therefore, an extension and enlargement that substantially changes the nature and purpose of the nonconforming use is impermissible.