Except as otherwise provided in this article, the lawful use
of land or buildings existing at the date of the adoption of this
chapter may be continued, although such use of a building does not
conform to the regulations specified by this chapter for the zone
in which such land or building is located; provided, however:
A. That no nonconforming lot shall be further reduced in size.
B. That no nonconforming building shall be enlarged, extended or increased,
unless such enlargement would tend to reduce the degree of nonconformance.
C. That no nonconforming use may be expanded.
A nonconforming use shall be adjudged as abandoned when there
occurs a cessation of any use or activity by an apparent act or failure
to act on the part of the tenant or owners to reinstate such use within
a period of one year from the date of cessation or discontinuance.
If any nonconforming building shall be destroyed by reason of
windstorm, fire, explosion or act of God or the public enemy to an
extent of less than 75% of the recorded true valuation, then such
destruction shall be deemed partial destruction and may be rebuilt,
restored or repaired. Nothing in this chapter shall prevent the strengthening
or restoring to a safe condition any wall, floor or roof which has
been declared unsafe by the Building Inspector.
No nonconforming use shall, if once changed into a conforming
use, be changed back again to a nonconforming use.
A nonconforming building may be reconstructed but not enlarged
or extended, unless the building is changed to a building conforming
or more nearly conforming to the requirements of this chapter.
Nothing herein contained shall require any change in plans,
construction or designated use of a building for which a building
permit has been heretofore issued and the construction of which shall
have been diligently prosecuted within three months of the date of
such permit, and the ground story framework of which, including the
second tier of beams, which have been completed within six months
of the date of the permit, and which entire building shall be completed
according to such plans as filed within one year from June 29, 1965.
Whenever the boundaries of a district shall be changed so as
to transfer an area from one district to another of a different classification,
the foregoing provisions shall also apply to any nonconforming uses
existing therein or created thereby.
See Chapter
60, Planning and Zoning Boards, Articles
II,
III and
IV, generally.