Any principal or accessory use, structure or lot not in compliance
with the provisions of this chapter or subsequent amendments and which
was legally established prior to the adoption of this chapter shall
be regarded as nonconforming and subject to the following provisions.
Any modification of a nonconforming element, including any addition,
enlargement, alteration, structural alteration or change in use, shall
be subject to the provisions of this chapter detailed in this article.
A nonconforming structure is a principal or accessory structure
preexisting this chapter which fails to comply with applicable yard,
setback, height, lot coverage or similar requirements.
A. General maintenance and repair. Except as otherwise provided for
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 the nonconformance
(i.e., setback, coverage, height, etc.) and only to the extent that
any nonconforming use related to such structure is not expanded. By
way of illustration and not limitation, an increase in degree of nonconformity
includes an addition to or enclosure of a porch which protrudes into
a required yard; conversely, a conforming addition in the rear yard
would not impact a front yard nonconformity.
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.
If a discrete portion of a structure (such as a porch, vestibule,
garage, etc.) is the basis for the nonconformity and only that portion
is damaged in excess of 50% of its floor area, then it may be repaired
or restored only in compliance with the applicable regulations of
this chapter.
A nonconforming use is an activity or use occurring on or associated
with a structure or site and which such use is not a permitted use
or a special permit use in the applicable district regulations. A
nonconforming use may be found to occur in conforming structures.
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 be converted
to another use except in conformance with this chapter.
C. A nonconforming use, if changed to a conforming use, shall not thereafter
be changed back to a nonconforming use.
D. The provisions of §
165-19C above 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 comparable land use classification only upon issuance
of a special permit by the Zoning Board of Appeals and upon a 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.
F. Any use previously established as a permitted use but now found to
be subject to the special permit requirements of this chapter shall
also be regarded as a nonconforming use if it does not comply with
the current special permit requirements.
G. Any nonconforming use of a structure or lot which has ceased operation
for a period of one year shall be deemed abandoned and may not be
reestablished as a nonconforming use. Thereafter such structure or
land or portion thereof shall be used in conformity with this chapter.
Upon a finding by the Zoning Board of Appeals that a nonconforming
use occupied a structure uniquely designed to its use (e.g., two-family
dwelling), then such nonconforming use may be reestablished within
two years.