Nothing in these rules, regulations, restrictions
or prohibitions shall be construed as changing the plans or uses of
present buildings or the construction, use or occupation of any building
for which a permit has been issued and the construction of such building
has been diligently prosecuted within three months after the date
of such permit.
A.
Any buildings or structures now legally existing and
used in any of said zones and not conforming to the rules, regulations,
restrictions and prohibitions herein contained may be continued and
used for such purposes as they are now used or for any other purpose
classified by the Town Planning Board, with the approval of the Town
Board, as not more objectionable than the purpose for which they are
now used.
B.
If any area is transferred from one use district to
another use district of a more-restricted classification, any nonconforming
use then existing within said area may be continued.
A.
Rebuilding or repair. Any building or structure employed
in a legal nonconforming use which has been completely or partially
destroyed by means other than by intent or design may be rebuilt or
repaired within one year thereafter and the nonconforming use thereof
continued therein.
A.
Existing use. All property which at the effective
date of this chapter is legally employed in a use which is not permitted
hereunder in the use district in which such property is located according
to the Zoning Map [1] forming a part hereof may, except as herein otherwise
provided, continue as a nonconforming use and shall enjoy the rights
and be subject to the limitations regarding nonconforming uses as
provided by this chapter.
[1]
Editor's Note: The Zoning Map is on file at
the office of the Town Clerk.
B.
Termination of permit. Any property for which a permit
for specific use has been heretofore granted shall enjoy its right
to continue as a nonconforming use only until the date of termination
of the permit granted prior to the enactment of this chapter.
A nonconforming building or structure employed
in a nonconforming use, except as herein otherwise provided, may not
be reconstructed or structurally altered to an extent exceeding in
aggregate cost 100% of the assessed value of such building or structure,
as such assessed value existed, unless said building is changed or
the use for which the same is to be employed is changed to a conforming
use.
A nonconforming use shall not be extended except
as above provided, but the extension of a lawful use to any portion
of a nonconforming building which existed prior the enactment of this
chapter shall not be deemed the extension of such nonconforming use.
Whenever a nonconforming use has been discontinued
for a period of one year, such use shall not thereafter be reestablished,
and any future use shall be in conformity with the provisions of this
chapter.
A.
Upon approval of the Town Planning Board, a nonconforming
use may be changed to a use of the same or higher classification,
and, when so changed to a higher classification, such use thereafter
shall not be changed to a lower classification.
B.
The Town Planning Board shall only grant such change
after a public notice and a public hearing thereon. The Town Planning
Board, in granting or denying approval, shall take into consideration
the character of the neighborhood, the adaptability of the subject
premises to a conforming use, the effect of the proposed use on the
neighborhood and the spirit and intent of this chapter. The Town Planning
Board may establish such terms and conditions in granting approval
as it deems necessary or appropriate to safeguard the health, safety
and general welfare of the neighborhood, as well as aesthetic considerations.
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, and the effective
date for applying these provisions shall be the effective date of
the change of zone.
