Lots, structures, uses of land and structures and characteristics
of use which lawfully existed at the time of the enactment of this
chapter and which would be prohibited or restricted under the terms
of this chapter may be continued subject to the following provisions.
It is the intent of this chapter to permit nonconforming uses
to continue until they are removed, but not to encourage their survival.
Any recorded lot held in single and separate ownership prior
to the adoption of this chapter, the area and/or width and/or depth
of which are less than the specified minimum lot requirements in this
chapter for that district, may be considered as complying with such
minimum lot requirements, and no variance shall be required, provided
that:
A. Such lot does not adjoin any other lot or lots by the same owner
whose aggregate area is equal to or greater than the minimum lot area
required for that district.
B. Yards shall conform to the dimensions and requirements herein for
the district in which such lot is located.
A lot of nonconforming size may be subdivided if each and every
subdivision of such lot is purchased by the owner of adjoining lots.
No lot may be reduced in area so that it creates a nonconforming lot
in violation of any provision of this chapter.
No nonconforming use shall be enlarged or increased in any manner
or extended to occupy a greater area than was occupied at the effective
date of the adoption of this chapter.
Any structure or portion thereof declared unsafe by a proper
authority may be restored to a safe condition.
A nonconforming structure may not be reconstructed or structurally
altered to an extent exceeding in aggregate cost 50% of the full value
of said structure unless the structure shall be changed to a conforming
use.
No nonconforming structure damaged by fire or other causes to
the extent of more than 75% of its full value shall be repaired or
rebuilt except in conformity with the requirements of this chapter.
Whenever a nonconforming use has been discontinued for a period
of 30 consecutive days, the use shall not thereafter be reestablished,
and any future use shall be in conformity with the provisions of this
chapter.
Once changed to a conforming use, no structure or land so changed
shall be permitted to revert to a nonconforming use.
No nonconforming use shall be extended to displace a conforming
use.
To avoid undue hardship, nothing in this chapter shall be deemed
to require a change in the plans, construction or designated use of
any structure on which actual construction was lawfully begun prior
to the effective date of adoption or amendment of this chapter and
upon which actual construction has been carried on diligently. "Actual
construction" is hereby defined to include the placing of construction
materials in permanent position and fastened in a permanent manner.
If no structural alterations are made, a nonconforming use of
a structure or structure and premises may be changed to another nonconforming
use by special permit, provided that the Board, by general rule or
by making findings in the specific case, shall find that the proposed
use is no less appropriate to the district than the existing nonconforming
use. When such change is permitted, the Board may require appropriate
conditions and safeguards in accordance with the provisions of this
chapter.
Should any nonconforming structure be moved for any reason for
any distance whatsoever, it shall thereafter conform to the regulations
for the district in which it is located after it is moved.