[Amended 12-30-1985 by Ord. No. 973; 2-19-2008 by Ord. No.
1575]
A.
Except as otherwise provided in this article and except
for the application of the performance standards provided for industry,
the lawful use of land or structures existing at the date of the adoption
of this chapter may be continued although such use or structure does
not conform to the regulations specified by this chapter for the zone
in which such land or structure is located; provided, however, that
no such nonconforming use or structure shall be enlarged, increased
or changed nor shall any nonconforming use be extended to occupy a
greater area of land or structure than that occupied by such use or
structure at the date of the adoption of this chapter.
B.
Anything herein to the contrary notwithstanding, where
a residence in a residential zone is nonconforming because it fails
to meet the minimum lot requirements and/or the minimum yard requirements
set forth in the Schedule of Dimensional Requirements,[1] the residence may be added to, provided that such addition does not in itself encroach upon the minimum setbacks or height requirements or exceed the maximum lot coverage requirement (when added to the coverage of other buildings) set forth in the Schedule of Dimensional Requirements. Should the addition itself encroach upon the minimum setback or height requirements or exceed the maximum lot coverage requirements set forth in the Schedule of Dimensional Requirements, a variance shall be required. Where an improvement and/or addition triggers the enhanced side yard setback requirements pursuant to § 186-66, a variance shall be required where the setback is deficient, even when the improvement and/or addition is not located within such required side yard setback.
[Amended 9-17-2019 by Ord. No. 1887]
[1]
Editor's Note: Said schedule is included at the end of this chapter.
C.
Whenever a new principal structure is proposed to be constructed
on a nonconforming lot, variance approval from the appropriate land
use board shall be required even if the proposed new structure conforms
to the minimum requirements contained in the schedule of dimensional
requirements.
[Added 9-17-2019 by Ord.
No. 1887]
If any nonconforming structure shall be partially
destroyed, such structure may be restored or repaired within six months
from the date of partial destruction. After a period of six months,
a nonconforming structure may not be restored or repaired. No nonconforming
use shall, if once changed into a conforming use, be changed back
again into a nonconforming use.
In the event that a nonconforming use of land
or structure shall be abandoned, the same shall not again be used
for a nonconforming use or purpose.
