A use, building or structure lawfully in existence
at the effective date of this chapter which shall be made nonconforming
at the passage of this chapter or any applicable amendment thereto
may be continued, except as otherwise provided in this article.
No existing building or premises devoted to
a nonconforming use shall be enlarged, extended reconstructed, substituted
or structurally altered, except when changed to a conforming use or
when required to do so by law and except as follows:
A. Restoration and reconstruction.
(1) Any nonconforming use or structure damaged by fire
casualty or act of God may be repaired and used as before, provided
that the floor area or building area of such use, building or structure
shall not exceed the floor area or building volume which existed prior
to such damage. All repairs shall be completed within one year after
damages occur or such use shall not be rebuilt except as a conforming
use. In the event that total destruction occurs or the Zoning Officer
orders said use or structure rebuilt, then the provisions of this
chapter shall apply.
(2) When a nonconforming use or structure is destroyed
or damaged beyond repair or when the owner or tenant of said use or
structure desires to rebuild for any reason, the Land Use Board may
authorize such rebuilding if the rebuilding would not constitute a
substantial enlargement of the use and if the rebuilding would provide
better aesthetics, higher setbacks or assist in alleviating existing
nuisance characteristics.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B. Repairs.
(1) Normal maintenance repair and incidental alterations
of a structure containing a nonconforming use is permitted, provided
that it does not extend the area or volume of space occupied by the
nonconforming use.
(2) A building or other structure containing residential
nonconforming uses may be altered in any way to improve interior livability,
provided that it does not extend the area or volume of space currently
being occupied. No structural alteration shall be made which would
increase the number of dwelling units.
A nonconforming use not used for at least 90
consecutive days during a period of one year or the change of use
to one permitted in a more restrictive zone or to a conforming use
for any period of time shall be considered an abandonment thereof,
and such nonconforming use shall not thereafter be revived.
Nothing under this article shall prevent any
residence from being rebuilt or reconstructed in the event of fire
or other disaster. Nothing under this article shall prevent expansion
of the floor area of a residence, provided that all required setbacks,
side and rear yards, open spaces and height limitations of this chapter
have been met.