The lawful use of any building or land existing
at the time of the enactment of this chapter may be continued although
such use does not conform to the provisions of this chapter.
Any structure or portion thereof declared unsafe
by a proper authority may be restored to a safe condition.
A nonconforming building may not be reconstructed
or structurally altered during its life to an extent exceeding in
aggregate cost 50% of the full value of the building unless said building
is changed to a conforming use.
A nonconforming use shall not be extended, enlarged
or changed. However, the extension of a lawful use to any portion
of any nonconforming building which existed prior to the enactment
of this chapter shall not be deemed the extension of such nonconforming
use.
Nothing herein contained shall require any change
in plans, construction or designated use of a building for which a
building permit has been heretofore issued and the construction of
which shall have been diligently prosecuted within three months of
the date of such permit and the ground-story framework of which, including
the second tier of beams, shall have been completed within six months
of the date of the permit and which entire building shall be completed
according to such plans as filed within one year from date of this
chapter.
No nonconforming structure damaged by fire or
other causes to the extent of more than 50% of its full value shall
be repaired or rebuilt except in conformity with the regulations of
this chapter.
Whenever a nonconforming use has been discontinued
for a period of one year, use shall not thereafter be reestablished
and any future use shall be in conformity with this chapter.
Once changed to a conforming use, no building
or land shall be permitted to revert to a nonconforming use. A nonconforming
use may be changed to a use of the same or more-restrictive classification
and such use thereafter shall not be changed to a less-restrictive
classification.
Whenever the boundaries of a district shall
be changed so as to transfer an area from one district to another
district of a different classification, the foregoing provisions shall
also apply to any nonconforming uses existing therein.
A.
The lot width or area requirements for this chapter
shall be automatically waived to permit the erection of a single-family
dwelling or the restoration, enlargement (but not the creation of
additional dwelling units) or alteration of an existing dwelling on
any lot of record which was owned separately and individually from
all other tracts of land on the effective date of this chapter or
on the effective date of any subsequent amendment increasing area
or width requirements, provided that dwellings are a permitted use
in the district in which such lot is located.
B.
If two or more lots or combinations of lots or portions
of lots with continuous frontage in single ownership are of record
at the time of passage or amendment of this chapter and if all or
part of the lots do not meet the requirements established for width
and area, the lands involved shall be considered an undivided parcel
for the purposes of this chapter. The provisions of this section shall
not apply if any portion of said parcel shall, after the adoption
of this chapter or amendment, be used or divided in a manner which
prevents or diminishes compliance with the requirements established
by this chapter or amendment thereto.
