The provisions of this article shall apply to
all nonconforming uses or bulk existing on the effective date of this
chapter and to use or bulk that become nonconforming by reason of
any amendment thereof, and to buildings or other structures housing
such uses.
Any nonconforming use or building may be continued
indefinitely except as hereinafter provided in this section.
If a nonconforming use is discontinued for an
uninterrupted period of two calendar years or more, the building,
structure, or lot occupied by such nonconforming use shall immediately
thereafter and hence forth be entitled to occupancy only by conforming
uses.
A nonconforming use may be changed to a conforming
uses at any time, but shall not thereafter be changed back to a nonconforming
use.
A nonconforming use may be changed to another
nonconforming use by special permit from the Planning Board, if the
Board deems the proposed nonconforming use to be similar in nature
to the existing nonconforming use or closer in character with surrounding
conforming uses than the existing nonconforming use.
A nonconforming use shall not be enlarged or
extended or relocated to a different position of the lot which it
occupies.
Customary maintenance of a building or other
structure containing a nonconforming use is permitted, including necessary
nonstructural repairs and minor alterations, so long as they do not
increase or expand the nonconforming use.
No structural alterations are permitted in buildings
that are nonconforming in use, except when required by law or when
adapting or remodeling a building or other structure for a conforming
use.
Buildings and structures which are only nonconforming
in bulk may be altered, moved, reconstructed, or enlarged provided
that such change does not increase the degree of, or create any new,
nonconforming bulk in such building and does not violate any other
provisions of this chapter.
No lot shall be reduced in area so that it creates
a nonconforming bulk or use in violation of any regulations contained
in this chapter.
If a nonconforming use or a building or other
structure of nonconforming bulk sustains an amount of damage or destruction
by any cause, which in amount is officially appraised to be 80% or
more of its true value, the building, other structure or tract of
land shall thereafter be only eligible for, and only occupied by,
a conforming use or structure. The damaged portions of a building
or other structure may be rebuilt or reconstructed within one year,
so long as the nonconformity is not increased or expanded, if the
damage is less than 80% of true value.
