Any nonconforming use which existed lawfully at the time of
adoption of this chapter may be continued, subject to the following
provisions:
A.
Expansion.
A nonconforming use or building may be enlarged or extended up to
25% beyond the area occupied by such use at the time of the adoption
of this chapter, subject to a special use permit issued by the Planning
Board.
B.
Modification.
A nonconforming use shall not be changed to any other nonconforming
use, nor shall a nonconforming use be changed to any other use unless
such change is of the same or a less nonconforming nature and only
with prior approval by the Planning Board.
C.
Replacement.
If a nonconforming use is replaced by another use, such use shall
be required to conform to this chapter.
D.
Destruction.
If any building or structure in which a nonconforming use is conducted
is hereafter damaged or destroyed by fire, wind, explosion, structural
failure or other natural cause, up to 50% of its value, it may be
repaired or reconstructed, and the use reinstated, so long as the
nonconformity is not increased or expanded and if all necessary building
permits are obtained within three years.
E.
Discontinuance.
If a nonconforming use is discontinued for a period of 12 consecutive
months, it shall expire, and any subsequent use on that lot shall
conform to the regulations of the district in which it is located.
Where a lawful building or structure exists at the effective
date of adoption or amendment of this chapter that could not be built
under such adoption or amendment by restriction on the lot area, lot
coverage area, height, yards or other characteristics of the structure
or its location on the lot, such structure may be maintained so long
as it remains otherwise lawful, subject to the following provisions:
A.
Expansion. Nothing in this chapter shall prevent the strengthening
or alteration to a safe condition of all or part of a building or
structure that is nonconforming, provided that the repair or alteration
will not increase the height, size or volume of the building or structure
or otherwise increase the nonconformity.
B.
Additions, alterations, maintenance and repairs.
(1)
A nonconforming building or structure shall not be added to or enlarged
or altered in any manner in a way which increases its nonconformity.
(2)
Should such structure or building be moved for any reason, it shall
thereafter conform to the regulations for the district in which it
is located after it is moved.
(3)
A nonconforming building or structure is hereby required to be maintained
in such condition as will not constitute a danger to the health, safety,
or general welfare of the public. The nonconformance alone of a building
or structure shall not be construed as constituting such a danger.
(4)
A single-family dwelling may be enlarged or rebuilt to within the
dimensional provisions of the district where it is located.
C.
Discontinuance.
(1)
A nonconforming building or structure, or a portion thereof, shall
be deemed discontinued if the building or structure is vacant for
12 consecutive months.
(2)
If deemed discontinued, such building or structure shall not be reestablished,
and any subsequent use shall not commence until the building or structure
is brought into conformity with the provisions of the district in
which it is located.
D.
Restoration. A nonconforming building or structure destroyed or damaged
by fire, wind, explosion, structural failure, or other natural cause
may be repaired or reconstructed, so long as the nonconformity is
not increased or expanded, if all necessary building permits are obtained
within three years.
E.
Completion of substantially constructed structures. Nothing contained
in this chapter shall require any change in plans, construction, alteration
or designated use of a structure for which substantial construction
work has lawfully commenced prior to the adoption of this chapter.
Any lot held in single and separate ownership, for which a map
was filed or a deed recorded prior to the adoption of this chapter,
whose area and/or width is less than the specified minimum lot requirements
of this chapter for the district in which it is located may be considered
as complying with such minimum lot requirements, and no variance shall
be required, provided that:
