A.
In any zone in which single-family dwellings are permitted,
a single-family dwelling and customary accessory buildings may be
erected on any single lot of record at the effective date or amendment
of these regulations. Such lot must be in separate ownership and not
of continuous frontage with other lots in the same ownership. This
provision shall apply even though such lot fails to meet the requirements
for area, or width, or both. The lot shall conform to the regulations
for the zone in which such lot is located. Variance of yard requirements
shall be obtained only through action of the Zoning Board of Appeals.
B.
If two or more lots or combinations of lots and portions
of lots with continuous frontage in single ownership are of record
at the time of passage or amendment of these regulations, and if all
or part of the lots do not meet the requirements established for lot
width and area, the lands involved shall be considered to be an undivided
parcel for the purposes of these zoning regulations. In such instances,
compliance with lot width and area requirements established by the
zoning regulations is not required; however, no division of any parcel
shall be made which creates a lot with width or area below the requirements
stated in the zoning regulations.
Where, at the time of passage of these regulations, lawful use
of land existed which would not be permitted by the requirements imposed
by the zoning regulations and where such use involves no individual
structure with a replacement cost exceeding $1,000, the use may be
continued so long as it remains otherwise lawful, provided no such
nonconforming use shall be enlarged or increased, nor extended to
occupy a greater area of land than was occupied at the effective date
or amendment of these regulations.
If at any time and for any reason a property
owner demonstrates an intent to abandon or cease any such nonconforming
use of land, any subsequent use of such land shall conform to the
requirements specified in the zoning regulations for the zone in which
such land is located.
No additional structure not conforming to the
requirements of the zoning regulations shall be erected in connection
with such nonconforming use of land.
If lawful use involving individual structures
with a replacement cost of $1,000 or more, or of structures and premises
in combination, exists at the effective date of adoption or amendment
of these regulations that would not be allowed in the zone under the
terms of these regulations, the lawful use may be continued so long
as it remains otherwise lawful, including subsequent sales of the
property, subject to the following provisions.
If any existing structure devoted to a use not
permitted by these regulations in the zone in which it is located
is proposed to be enlarged, extended, constructed, reconstructed,
moved or structurally altered, except in changing the use of the structure
to a use permitted in the zone in which it is located, then such enlargement,
extension, construction, reconstruction, move or structural alteration
is subject to approval or denial by the Zoning Board of Appeals.
A.
Any nonconforming use may be extended throughout any
parts of a building which were manifestly arranged or designed for
such use at the time of adoption or amendment of these regulations,
but extension of such use is subject to approval or denial by the
Zoning Board of Appeals.
B.
No expansion of a nonconforming use or structure,
or combination thereof, shall exceed the boundaries (premises) occupied
at the effective date or amendment of these regulations.
If no structural alterations are made, any nonconforming
use of a structure, or structure and premises, may be changed to another
nonconforming use, provided that the Zoning Board of Appeals, either
by general rule or by making findings in the specific case, shall
find that the proposed use is equally appropriate or more appropriate
to the zone than the existing nonconforming use. In permitting such
changes, the Zoning Board of Appeals may require appropriate conditions
and safeguards in accord with the provisions of the zoning regulations.
Any structure, or structure and land in combination,
in or on which a nonconforming use is superseded by a permitted use
shall thereafter conform to the regulations for the zone, and the
nonconforming use may not thereafter be resumed.
Where nonconforming use status applies to a
structure or to a structure and premises in combination, voluntary
removal or destruction of the structure shall eliminate the nonconforming
status of the land.
On any nonconforming structure or portion of
a structure containing a nonconforming use, work may be done on ordinary
repairs.
Nonconforming structures and buildings cannot
be replaced after involuntary destruction if the degree of such destruction
exceeds 50% of the structure.
