The provisions of this article apply to actions in connection
with nonconforming uses, structures and lots created by the initial
enactment of this chapter or by any subsequent amendment. It is the
purpose of this chapter to discourage the perpetuity of nonconforming
uses whenever possible. The lawful use of any building or land existing
at the time of the enactment of this chapter may be continued, except
as otherwise provided.
[Amended 8-6-1973 by Ord.
No. 18053; 2-19-1985 by Ord. No. 957; 5-1-1995 by Ord. No. 95-189]
A. Any nonconforming use, except for agriculture, horticulture or floriculture,
of any open space on a lot outside a structure or of a lot not occupied
by a structure shall not be extended.
B. Any nonconforming principal use of a structure shall not be extended.
C. Any nonconforming accessory use of a portion of a structure or any
conforming accessory use of a portion of a nonconforming structure
may be extended up to a maximum of 40% of the existing structure.
D. Any existing structure on a nonconforming lot may be altered and
the conforming use extended throughout the altered portion, provided
that any resultant alteration shall not cause the structure to violate
the dimensional and density regulations of the district in which it
is located.
E. Any existing nonconforming building used as a one- or two-family
dwelling may be extended and the conforming use extended throughout
the extended portion, notwithstanding that the extended portion may
violate the side or rear yard requirements, provided that said extended
portion follows the line of the existing building and is not less
than 7 1/2 feet from each lot line.
F. Any nonconforming structure or portion thereof which has come into
conformity shall not again become nonconforming.
G. Any extension or alteration to an existing nonconforming building
used as a one- or two-family dwelling shall be allowed as a matter
of right, provided that the extension or alteration is consistent
with and does not violate the dimensional and density regulations
of the district in which it is located.
Any lot lawfully laid out by plan or deed duly recorded, or
any lot shown on a plan endorsed by the Planning Board with the words
"approval under the Subdivision Control Law not required," or words
of similar import, which complies (at the time of recording or such
endorsement, whichever is earlier) with the minimum area, frontage,
width and depth requirements, if any, of the Zoning Ordinance then
in effect may be built upon for residential use provided it has a
minimum area of 5,000 square feet, with a minimum front footage of
50 feet, and is otherwise in accordance with the provisions of Section
6 of the Zoning Act.
Any nonconforming structure shall not be removed to any other
location on the lot or any other lot unless every portion of such
structure, the use thereof and the lot shall be conforming.
Except as covered under §§
235-48 and
235-49, any structure determined to be unsafe may be restored to a safe condition, provided such work on any nonconforming structure shall be completed within one year of the determination that the structure is unsafe and it shall not place the structure in greater nonconformity, and provided, further, if the cost to restore any structure shall exceed 50% of its replacement value, it shall be reconstructed only as a conforming structure and used only for a conforming use.