The legally nonconforming use of a structure
may be continued, provided that:
A. The Zoning Board of Appeals shall hear and decide
applications for a permit for an expansion of a nonconforming use,
subject to the following standards:
(1) A nonconforming structure may be enlarged or extended
one time only after the date that the structure became nonconforming,
and then to an extent not exceeding 25% of the gross floor area of
the existing structure devoted to such nonconforming use.
(2) The application to the Zoning Board of Appeals shall
include:
(a)
A plot plan drawn to scale.
(b)
Drawings of existing structures and proposed
enlargements or extensions, including floor plans. Drawings must be
drawn to scale with elevations.
(c)
Dates of any previous enlargements or extensions.
(d)
Other information as required by the Board to
complete its review.
(3) Site plan approval by the Planning Board shall be
required.
B. If such nonconforming use of a structure ceases for
any reason for a continuous period of more than one year or is changed
to a conforming use, then any future use of such structure and the
land on which it is located shall be in conformity with all provisions
of this chapter.
C. If any structure legally nonconforming in use shall
be partially or totally destroyed by fire or any other means, it may
be repaired or reconstructed to the same size and on the same location
or at the location specified for new buildings in the district in
which such use is located. All repairs or reconstruction for such
nonconforming use shall be completed within one year of the date on
which the destruction occurred.
D. If any structure in which any nonconforming use is conducted or maintained is hereafter removed, except as provided in Subsection
C above, the subsequent use of the land on which such building was located and the subsequent use of any structure thereon shall be in conformity with the standards specified by this chapter for the district in which such land or building is located.
E. Normal maintenance and repair to the structure that
is nonconforming in use shall be permitted.
F. Structures that are nonconforming in use may be changed
to a conforming use.
G. Structures that are nonconforming in use may be changed
to a use that is similar or less nonconforming.
H. All nonconforming uses shall conform in all other
respects to the requirements of the zoning districts in which they
are located.
This section applies to structures which are
conforming in use, but do not conform to the height, yard, building
coverage, parking or other dimensional requirements of this chapter.
No permit shall be issued nor shall any change be made on such structures
or land that will result in any increase of such nonconformity. For
the purpose of this section, structures existing prior to the date
of adoption of this chapter are deemed nonconforming.
Any nonconforming building, the construction
of which has been started before the effective date of this article,
and the ground-story framework of which, including the second tier
of beams, has been completed within one year after the adoption of
this article may be completed in accordance with plans on file with
the Building Inspector/Zoning Administrator, provided that such construction
is diligently prosecuted and the building is completed within three
years of the adoption of this chapter or amendment.