[Ord. No. 8-1997, § 12(A), 7-15-1997]
It is the intent of this chapter to promote land use conformities, except that nonconforming conditions that existed before the effective date of the ordinance from which this chapter is derived shall be allowed to continue, subject to the requirements set forth in this article.
[Ord. No. 8-1997, § 12(B)(1), 7-15-1997]
Nonconforming structures, lots, and uses may be transferred, and the new owner may continue the nonconforming use or continue to use the nonconforming structure or lot, subject to the provisions of this chapter.
[Ord. No. 8-1997, § 12(B)(2), 7-15-1997]
This chapter allows, without a permit, the normal upkeep and maintenance of nonconforming uses and structures, including repairs or renovations which do not involve expansion of the nonconforming use or structure, and such other changes in a nonconforming use or structure as federal, state, or local building and safety codes may require.
[Ord. No. 8-1997, § 12(C), 7-15-1997]
(a) 
Expansion.
(1) 
A nonconforming structure may be added to or expanded after obtaining a permit from the same permitting authority as that for a new structure, if such addition or expansion does not increase the nonconformity of the structure.
(2) 
Further limitations are as follows:
a. 
After January 1,1989, if any portion of structure is less than the required setback from the normal high-water line of a water body or upland edge of a wetland, that portion of the structure shall not be expanded in floor area or volume, by 30% or more, during the lifetime of the structure.
b. 
Construction or enlargement of a foundation beneath the existing structure shall not be considered an expansion of the structure provided that the structure and new foundation are placed such that the setback requirement is met to the greatest practical extent as determined by the Planning Board, basing its decision on the criteria specified in subsection (b) of this section, that the completed foundation does not extend beyond the exterior dimensions of the structure, and that the foundation does not cause the structure to be elevated by more than three additional feet.
c. 
No structure which is less than the required setback from the normal high-water line of a water body, tributary stream, or upland edge of a wetland shall be expanded toward the water body, tributary stream, or wetland.
(b) 
Relocation.
(1) 
A nonconforming structure may be relocated within the boundaries of the parcel on which the structure is located provided that the site of relocation conforms to all setback requirements to the greatest practical extent as determined by the Planning Board, and provided that the applicant demonstrates that the present subsurface sewage disposal system meets the requirements of state law and the state subsurface wastewater disposal rules, or that a new system can be installed in compliance with the law and such rules. In no case shall a structure be relocated in a manner that causes the structure to be more nonconforming.
(2) 
In determining whether the building relocation meets the setback to the greatest practical extent, the Planning Board shall consider the size of the lot, the slope of the land, the potential for soil erosion, the location of other structures on the property and on adjacent properties, the location of the septic system and other on-site soils suitable for septic systems, and the type and amount of vegetation to be removed to accomplish the relocation.
(c) 
Reconstruction or replacement.
(1) 
Any nonconforming structure which is located less than the required setback from the normal high-water line of a water body, tributary stream, or upland edge of a wetland and which is removed, or damaged or destroyed by more than 50% of the market value of the structure before such damage, destruction or removal, may be reconstructed or replaced provided that a permit is obtained within one year of the date of such damage, destruction, or removal, and provided that such reconstruction or replacement is in compliance with the water setback requirement to the greatest practical extent as determined by the Planning Board in accordance with the purposes of this chapter. In no case shall a structure be reconstructed or replaced so as to increase its nonconformity.
(2) 
Any nonconforming structure which is damaged or destroyed by 50% or less of the market value of the structure, excluding normal maintenance and repair, may be reconstructed in place with a permit from the code enforcement officer.
(3) 
In determining whether the building reconstruction or replacement meets the water setback to the greatest practical extent, the Planning Board shall consider, in addition to the criteria in subsection (b) of this section, the physical condition and type of foundation present, if any.
(d) 
Change of use.
(1) 
The use of a nonconforming structure may not be changed to another use unless the Planning Board, after receiving a written application, determines that the new use will have no greater adverse impact on the water body or wetland, or on the subject or adjacent properties and resources, than the existing use.
(2) 
In determining that no greater adverse impact will occur, the Planning Board shall require written documentation from the applicant regarding the probable effects on public health and safety, erosion and sedimentation, water quality, fish and wildlife habitat, vegetative cover, visual and actual points of public access to waters, natural beauty, floodplain management, archaeological and historic resources, and commercial fishing and maritime activities, and other functionally waterdependent uses.
[Ord. No. 8-1997, § 12(D), 7-15-1997; Ord. No. 3-2005, 7-20-2004]
(a) 
Expansion. Expansions of nonconforming uses are prohibited, except that nonconforming residential uses may, after obtaining a permit from the Planning Board, be expanded within existing residential structures or within expansions of such structures as permitted in section 82-104(a).
(b) 
Resumption after discontinuation of use. A lot, building or structure in or on which a nonconforming use is discontinued for a period exceeding one year, or which is superseded by a conforming use, may not again be devoted to a nonconforming use, except that the Planning Board may, for good cause shown by the applicant, grant up to a one-year extension to that time period. This provision shall not apply to the resumption of a use of a residential structure provided that the structure has been used or maintained for residential purposes during the preceding five-year period.
(c) 
Change of use. An existing nonconforming use may be changed to another nonconforming use provided that the proposed use has no greater adverse impact on the subject and adjacent properties and resources than the former use, as determined by the Planning Board. The determination of no greater adverse impact shall be made according to criteria listed in section 82-104(d).
[Ord. No. 8-1997, § 12(E), 7-15-1997; Ord. No. 20-2004, 1-6-2004]
(a) 
Generally. A nonconforming lot of record as of the effective date of the ordinance (November 6, 1991) from which this chapter is derived, or the date of an amendment to this chapter, may be built upon without the need for a variance, provided that such lot is in separate ownership and not contiguous with any other lot in the same ownership, and that all provisions of this chapter except lot size and frontage can be met. Variances relating to setback or other requirements not involving lot size or frontage shall be obtained by action of the Zoning Board of Appeals.
(b) 
Contiguous built lots.
(1) 
If two or more contiguous lots or parcels are in a single or joint ownership of record at the time of adoption of the ordinance (November 6,1991) from which this chapter is derived, if all or part of the lots do not meet the dimensional requirements of this chapter, and if a principal use or structure exists on each lot, the nonconforming lots may be conveyed separately or together, provided that the state minimum lot size law and subsurface wastewater disposal rules are complied with.
(2) 
If two or more principal uses or structures existed on a single lot of record on the effective date of the ordinance (November 6, 1991) from which this chapter is derived, each may be sold on a separate lot provided that the law and rules referenced in subsection (b)(1) of this section are complied with. When such lots are divided, each lot thus created must be as conforming as possible to the dimensional requirements of this chapter.
(c) 
Contiguous vacant or partially built lots. If two or more contiguous lots or parcels are in single or joint ownership of record at the time of or since adoption of the ordinance (November 6, 1991) from which this chapter is derived, or at the time of an amendment of this chapter, if any of these lots do not individually meet the dimensional requirements of this chapter or subsequent amendments, and if one or more of the lots are vacant or contain no principal structure, the lots shall be combined to the extent necessary to meet the dimensional requirements.