Within the districts established by this chapter
or amendments thereto, there exist lots, structures and uses of land
and structures which were lawful before adoption of this chapter but
which are prohibited, regulated or restricted under the terms of this
chapter or an amendment. It is the intent of this chapter to permit
any nonconformities to continue until they are removed, but not to
encourage their survival. Such uses are declared by this chapter to
be incompatible with permitted uses in the districts involved. It
is further the intent of this chapter that nonconformities shall not
be enlarged, expanded or extended and shall not be used as grounds
for adding other structures or uses prohibited elsewhere in the same
district.
If two or more lots or combinations or portions
of lots with continuous frontage in single ownership, regardless of
separate deeds, are of record and if all or part of the lots do not
meet the requirements for lot width and area as established by this
chapter, the lands involved shall be considered to be an undivided
parcel for the purposes of this chapter, and no portion of the parcel
shall be used which does not meet lot width and area requirements
established by this chapter, nor shall there be any division of the
parcel.
Where a lawful use of land exists that is no
longer permissible under the terms of this chapter, the same use may
be continued. No such nonconforming use shall be enlarged, increased,
intensified, extended to occupy a greater area of structure or land
or moved in whole or in part to a different portion of the lot or
structures thereon.
A.
Structures and their uses that are nonconforming may
be continued so long as they otherwise remain lawful but shall not
be enlarged, expanded or altered except to become more in conformity
with this chapter. Any replacement of a nonconforming structure shall
conform to this chapter. Any nonconforming structure that is destroyed
to an extent greater than 50% of its assessed value by fire or other
natural or man-made disaster may be replaced, providing the height,
FAR, coverage and yard setbacks are not expanded or further infringed
upon. In addition, an application to replace a preexisting, nonconforming
structure shall be made to the Planning Board, and the Planning Board
shall consider, with the applicant, whether any of the previous nonconformances
can be reduced as part of the rebuilding. The preexisting nonconforming
structure may only be replaced with a conforming structure or the
same preexisting, nonconforming structure. Changes from one nonconforming
use to another are prohibited.
[Amended 10-14-1997 by Ord. No. 97:34]
B.
A nonconforming structure, provided that the use of
same is permitted in the district, may be enlarged, provided that
said enlargement complies with all development regulations of the
district.
C.
A nonconforming residential use or structure may be
expanded to provide additional living space, provided that the expansion
does not infringe further upon any nonconforming setback dimension,
and further provided that the number of units on site does not exceed
the number permitted in the zone in which the site is located.
[Added 3-14-2000 by Ord. No. 2000:7]
When a nonconforming use is discontinued for
six consecutive months or for 18 months during any three-year period,
the structure and premises in combination shall be presumed to have
been abandoned and shall not thereafter be used except in conformance
with the regulations of the district in which it is located.
