Legal nonconforming status applies to any use,
activity, structure, building, dwelling units, sign or other improvements,
or land area which was in lawful use at the time of passage of this
chapter, but which is not in conformity with the provisions of this
chapter.
Any legal nonconforming use shall be permitted
to continue until such time as such use is discontinued, destroyed,
demolished or changed to another use.
If a legal nonconforming use is discontinued
or abandoned for a period of 12 months, it shall not be allowed to
be resumed, and any future use of such building or land must conform
to the provisions of this chapter.
If a legal nonconforming use is destroyed by
accident or by an act of God, such structure may be restored, provided
the total floor space, cubic content and location on lot are not altered
or increased, and provided that reconstruction of damaged buildings
shall commence within eight months of the date of damage and to be
completed within two years from that date. If such a structure is
demolished at the direction of the owner, it may not be reestablished,
and any future use of the site or lot must conform to the provisions
of this chapter. Nothing shall prevent the performance of normal maintenance
work, or work necessary to comply with safety codes, on a legal nonconforming
use.
A.
A legal nonconforming use may be changed to a use
which conforms to the requirements of the zoning district in which
it is located.
B.
A nonconforming use of land or of a structure shall
not be changed to another nonconforming use that is substantially
different in nature and purpose unless the Zoning Board of Review
makes the finding that the proposed use will have a lesser undesirable
impact upon the surrounding area than the preceding nonconforming
use and grants a variance in accordance with the statutory standard
and procedure.
[Amended 12-15-2011, effective 12-15-2011]
A.
No lot area shall be so reduced that yards, total
area or lot frontage shall be less than prescribed for the district
in which the lot is located. No required yard or other area of one
lot shall be considered as providing the minimum area or frontage
required for any other lot without a replatting of both lots in such
a way that both lots so replatted conform to the dimensional regulations
of the district involved and approved by the Inspector prior to recording.
Such lots must be in separate ownership and not be contiguous with
other lots in the same ownership unless otherwise provided herein.
B.
Substandard lots of record are exempt from the minimum
lot sizes of the district involved as established by this chapter
as amended. All other district dimensions applicable at the time immediately
prior to the lot becoming substandard shall apply, but in no case
will less than 30 feet front yard depth, 10 feet side yard, and 10
feet rear yard depth be allowed.
C.
Notwithstanding any other provision of this chapter, if two or more contiguous lots of record are under the same ownership as of or after November 9, 1989, and one or more of such lots has an area less than 30,000 square feet, then all such lots that are less than 30,000 square feet shall be deemed merged into adjacent lots under the same ownership and the merged lots shall be considered one lot for the purpose of this chapter. This provision shall not apply to any lots that are located within a B-1 or B-2 Zoning District or to any recorded lots which were approved and accepted by the Planning Board before November 9, 1989, pursuant to Chapter 300, Subdivision of Land. This Subsection C shall be deemed to have been adopted and effective on November 9, 1989, in place and instead of the zoning amendment adopted on that day.
