In any district, a permitted use may be constructed on a lot
which does not conform to minimum lot area and/or minimum lot width
and lot depth requirements for the use, if the lot existed on the
effective date of these regulations or on the date of any amendment
of these regulations and such adoption or amendment renders such lot
a nonconforming lot, further provided that:
A.
If the owner of said nonconforming lot owns any adjoining undeveloped
lot(s), the nonconforming lot shall be joined with all or subdivided
portions of such adjoining lot(s) to create a conforming lot or to
mitigate the nonconforming condition.
B.
Any use constructed on a nonconforming lot shall have yard depths
conforming to the minimum requirements of the district in which located.
Except as otherwise provided herein, the lawful use of any land,
buildings and other structures which existed on the effective date
of these regulations may be continued whether or not conforming to
these regulations.
Any use which does not conform to these regulations or which
becomes nonconforming as a result of any amendment of these regulations
may only be modified as follows:
A.
Except as otherwise provided herein, nonconforming structures may
continue to exist and to be maintained and repaired.
B.
Alterations or additions to a nonconforming structure may be made
upon approval by the Planning Board and issuance of a building permit
only to the extent that such alterations or additions do not significantly
increase the impact of the nonconformity on adjoining lots, and only
to the extent that any nonconforming use related to such structure
is not significantly expanded. In general, and by way of illustration
and not exclusion, an extension of a portion of a structure which
maintains an existing nonconforming yard depth may be approved by
the Planning Board, but an extension which further reduces an existing
nonconforming yard depth may not be approved by the Planning Board.
C.
Nonconforming structures may be repaired and restored to their former
condition after damage by fire or other casualty loss, provided that
the nonconformity shall not be increased, and that construction shall
commence within two years of the casualty loss. After the expiration
of this period, the structure may only be repaired or restored to
a conforming condition.
D.
A nonconforming use may not be enlarged to occupy additional existing
floor area within an existing nonconforming or conforming structure
or additional lot area.
E.
A nonconforming use, if changed to a conforming use, shall not subsequently
be changed back to a nonconforming use.
F.
A nonconforming use of a structure shall generally not be changed
to another nonconforming use. However, upon application, the Planning
Board may grant a waiver for a change to a comparable or more restrictive
use classification upon a finding by the Planning Board that the proposed
nonconforming use will have a lesser impact on surrounding properties
than the existing nonconforming use. In its determination, the Planning
Board shall consider parking demand, pedestrian and vehicular traffic
volume, intensity of use, hours of activity, noise levels, whether
the existing nonconforming condition may have resulted from an amendment
of these regulations, and any other factors it considers to be relevant
under the circumstances. The Planning Board shall have absolute discretion
in this matter, and nothing herein is intended to afford any special
status or rights to a change from one nonconforming use to another
nonconforming use. The Board may elect to hold a public hearing on
such a change.
G.
Any nonconforming use of a structure or land which has ceased for a period of one year shall be deemed abandoned and may not be resumed, and thereafter such structure or land shall be used only in conformity with these regulations. The provisions of Subsection F above shall not be applicable with respect to an abandoned nonconforming use.
H.
No modification of a structure, whether an addition or an internal
renovation, which increases the floor area devoted to an otherwise
conforming use shall be made if such modification introduces or increases
the degree of nonconformity with respect to off-street parking requirements.
I.
Nothing herein shall require any modification in use, alteration
or other construction involving a nonconforming structure for which
a building permit has been issued.
