Except as otherwise provided herein, the lawfully permitted
use of lands or structures (which by definition include buildings)
in existence at the time of adoption of this chapter, and any amendments
thereto, although nonconforming to the standards specified in this
chapter, may be continued subject to the conditions set forth below.
Such uses shall be deemed "nonconforming uses" and such structures
shall be deemed "dimensionally nonconforming."
A structure that is conforming to use but does not conform to
the lot dimension, yard dimension, height, building coverage, floor
area ratio, off-street parking, loading or similar dimension requirements
of this chapter shall be deemed to be "dimensionally nonconforming."
Normal maintenance, repair, structural alteration, reconstruction
and alterations to decrease dimensional nonconformity are permitted.
No permit shall be issued that will result in the increase of any
dimensional nonconformity without a variance from the Zoning Board
of Appeals.
In order that nonconforming uses may gradually be brought into
greater conformity with this chapter and their adverse external effects
reduced, the owner of the nonconforming use may be permitted to make
limited changes to such structure or use with a site plan, whereby
through landscaped screening and buffer areas, control of noise, smoke,
odors, lighting, architectural changes, location and layout of parking
lots and access drives or by any other appropriate means, these purposes
may be achieved. Such plan shall be presented to the Planning Board
which may then grant approval with modifications, provided that said
Board finds that the purposes of this section shall be met.
Where the required area or dimensions of lots are changed by
an amendment to this chapter, any lot legally in existence on that
date and made nonconforming by such amendment may be built upon only
as provided in this section. A permit may be issued for the erection
of a structure for a permitted use on a lot for which a valid deed
or other conveyance was recorded before adoption of this chapter or
amendment, although the area or dimensions of the lot are less than
that required for the district in which the lot is located, if:
A. The lot met the zoning requirements at the time the deed to the lot
was recorded or the title to the lot was conveyed.
B. The owner of the lot has not also held title to any other lot or
lots contiguous thereto with which it could have been combined at
the time of or since the adoption of this chapter or any amendments
thereto which rendered the lot nonconforming.
C. If the owner of the nonconforming lot has owned or does now own any
other lot or lots contiguous thereto, they shall be combined with
the nonconforming lot to make one or more conforming lots.
D. A nonconforming lot satisfying the requirements in Subsections
A,
B and
C of this section shall, at the time the building permit is applied for, be developed in conformity with all applicable district regulations other than the minimum lot area and lot width requirements and with the minimum side yards set forth below:
|
For Lots With Width
|
|
|
---|
For Single-Family Residence in:
|
Greater Than
(feet)
|
Less Than
(feet)
|
Minimum Side Yard
(feet)
|
Total Both Side Yards
(feet)
|
---|
CR-2 and
|
100
|
150
|
20
|
50
|
CR-1 Districts
|
80
|
100
|
12
|
30
|
|
60
|
80
|
10
|
27
|
|
—
|
60
|
7 1/2
|
4 inches for each foot of lot width
|
SR District
|
80
|
100
|
12
|
30
|
|
60
|
80
|
10
|
27
|
|
—
|
60
|
7 1/2
|
4 inches for each foot of lot width
|