The lawful use of any land existing at the time of the adoption
of this chapter may be continued although such use does not conform
to the provisions of this chapter, except as hereinafter provided.
[Amended 2-12-1992 by L.L. No. 5-1992]
A.
No building permit shall hereafter be issued for the extension or enlargement of any nonconforming use except following authorization by the Board of Appeals as a special extension. When an extension or enlargement of a nonconforming use is proposed in a zone which does not specifically require sketch plan review or site plan review, the applicant shall provide either a sketch plan or a site plan (see Article XVI) for review, at the discretion of the Planning Board.
Any nonconforming use which lies abandoned or discontinued for
a period of six consecutive months shall not be permitted to be reestablished
as a nonconforming use and any future use of the property shall be
in conformity with the provisions of this chapter.
A nonconforming building damaged by any cause may be restored, repaired or reconstructed as a nonconforming building, provided that the extent of nonconformity is not increased. Restoration, repair or reconstruction of a nonconforming use shall be subject to the granting of a special extension by Board of Appeals, which shall make a finding of the extent to which the building may be made conforming though repair or reconstruction. The Board of Appeals may grant a special extension subject to the elimination or reduction of the extent of any or all nonconformities involving the damaged portion of the building. None of the foregoing shall restrict or prohibit the continuation of a nonconforming use housed in a building being restored, repaired or reconstructed where the time period specified in § 103-59 for discontinuance has been completed or 12 calendar months have passed since the damage occurred, whichever occurs first.
