Nonconforming structures may be relocated within the parcel
on which they are located, provided that they meet the following criteria:
A. The relocated structure can use an existing subsurface sewage disposal
system or replacement system which will not increase the nonconformity
of the existing system.
B. The relocation will not increase the potential for soil erosion or
require excess removal of vegetation.
C. The area from which the structure was removed will be revegetated
with vegetation appropriate to the parcel.
D. The degree of nonconformity is not increased. For the purposes of
this chapter the degrees of nonconformity from greatest to least are
as follows:
(1) Setback from the shore or wetland.
(3) Setback from side lot lines.
(4) Setback from the rear lot line.
[Amended 6-6-2012]
If two or more contiguous lots or parcels were in single or
joint ownership of record on March 23, 1985, and if any of these lots
is less than one acre in size, and if one or more of the lots is vacant
or contains no principal structure, the lots shall be combined to
the extent necessary to create a lot of at least one acre.
A nonconforming lot of record as of March 23, 1985, may be built
upon, without the need for a variance, provided that such lot is in
separate ownership and not contiguous with any other lot in the same
ownership, and that all provisions of this chapter except lot size
and frontage can be met. Variances relating to setback or other requirements
not involving lot size or frontage shall be obtained by action of
the Board of Appeals.
On a nonconforming lot of record on which only a residential
structure exists, and it is not possible to place an accessory structure
meeting the required water body, tributary stream or wetland setbacks,
the Codes Enforcement Officer may issue a permit to place a single
accessory structure, with no utilities, for the storage of yard tools
and similar equipment. Such accessory structure shall not exceed 80
square feet in area nor eight feet in height and shall be located
as far from the shoreline or tributary stream as practical and shall
meet all other applicable standards, including lot coverage and vegetation-clearing
limitations. In no case shall the structure be located closer to the
shoreline or tributary stream than the principal structure.