A.
General maintenance and repair. Except as otherwise
provided in this section, nonconforming structures may continue to
exist and be maintained and repaired.
B.
Structural alterations, renovations and additions.
Alterations, renovations and additions to a nonconforming structure
may be made upon issuance of a building permit and only to the extent
that such alterations, renovations or additions do not increase the
degree of nonconformity and only to the extent that any nonconforming
use related to such structure is not expanded. By way of illustration
and not exclusion, an increase in the degree of nonconformity includes
an addition to or enclosure of a porch which protrudes into a required
yard.
C.
Damaged structures. Nonconforming structures may be
repaired and restored to their former condition after damage by casualty
loss or deterioration due to the elements, except where damage involves
over 50% of the floor area devoted to a nonconforming use or such
damage exceeds 50% of the total replacement cost of the damaged structure
as determined by a licensed insurance adjuster or other legal representative
of the insuring company. However, any single- or two-family dwelling,
with the exception of mobile homes, may be rebuilt without increasing
the degree of nonconformity by the owner at the time of loss.
[Amended 3-19-1992 by L.L. No. 1-1992]
A.
Except as otherwise provided for herein, nonconforming
uses may continue to exist.
B.
A nonconforming use may not be enlarged to occupy
additional floor area within an existing structure or additional lot
space, nor shall it be converted to another use except in conformance
with this chapter.
C.
No nonconforming use, if changed to a conforming use,
shall thereafter be changed back to a nonconforming use.
D.
The provisions of § 190-24C, regarding repair and restoration of damaged structures, shall apply to conforming structures containing a nonconforming use.
E.
A nonconforming use may be changed to another nonconforming
use of the same or more restrictive classification only upon issuance
of a special permit by the Zoning Board of Appeals upon finding that
the proposed use will have a lesser impact on surrounding properties
than the existing use. In its determination, the Zoning Board of Appeals
shall consider parking demand, pedestrian and traffic volume, intensity
of use, hours of activity, noise levels and any other factors considered
relevant under the circumstances. When there is such a change to a
more restrictive use or to another nonconforming use, there shall
be no change allowed returning to the previous prior use.
F.
Any nonconforming use of a structure or land which has ceased for a period of six months shall be deemed abandoned and may not be reestablished as a nonconforming use, and thereafter such structure or land or portion thereof shall be used in conformity with this chapter. The provisions of Subsection E above shall not be applicable with respect to an abandoned nonconforming use.
G.
Any nonconforming use may not be established through
an existing use of land which was commenced or maintained in violation
of this chapter. Any such use is not an existing lawful use within
the meaning of this chapter. Any such nonconforming use must be a
substantial use involving substantial valuable improvements upon the
property, or otherwise involve substantial pecuniary and/or economical
loss, rather than purely incidental use or uses of the property, including
but not limited to recreational and/or amusement uses of the property.
H.
Any right to continue a nonconforming use does not
include a right to extend or enlarge such use. Such extension or enlargement
of such use shall also include any qualitative alteration of such
use and shall also include any enlargement and/or extension of any
building and any physical extension of the use to land not previously
so used for such nonconforming use.
[Amended 10-24-2018 by L.L. No. 1-2018]
Upon site plan review and approval by the Planning Board, a
nonconforming lot in a residential district may be improved with a
one-family dwelling, provided that all applicable yard setback and
off-street parking requirements can be met.
A.
Parking (see also § 190-42). No modifications of a structure, whether an addition or an internal renovation, which increases the floor area devoted to an otherwise conforming use shall be made if such modification introduces or increases the degree of nonconformity with respect to off-street parking requirements, except as provided in § 190-42.
C.
Screening. See § 190-58B(7).
