The lawful use of any land or principal or appurtenant structure
or use requiring a permit under this chapter and existing on the effective
date of same (does not include signs) may be continued although such
use or structure does not conform to the provisions of the chapter,
and any such use or structure may be reconstructed, altered or changed
in use, subject to the following:
A.
Additions. A nonconforming building or use shall not be added to
or enlarged in any way that will extend the nonconforming features
unless such nonconforming building or use is made to conform to the
regulations of the district in which it is located.
B.
Alterations. A nonconforming building or use may not be reconstructed
or structurally altered in any manner that will allow or encourage
an expansion or increment in any nonconforming feature, unless such
building or use is altered to conform to the regulations of the district.
C.
Changes. A nonconforming use may not be changed to another nonconforming
use under the provisions of this section.
D.
Discontinuance. Whenever a nonconforming use has been discontinued
for a period of one year, any future use shall be in conformity with
the provisions of this chapter. A use shall be deemed to have been
discontinued under any of the following conditions:
E.
Restoration. A nonconforming structure or use which has been damaged
by fire or other natural causes may be restored, reconstructed or
used as before, provided that the height and area shall not exceed
that which existed before said damage, and further is authorized by
the Board of Appeals. Said restoration must be completed within two
years of such occurrence and a certificate of occupancy has been issued
therefor or the building or use shall not continue as a legal nonconforming
situation.
F.
Removal or replacement. A nonconforming structure or use, once removed,
shall not be reintroduced or replaced other than by a conforming structure
or use.
G.
Buildings which are nonconforming as to yard, height or coverage
regulations. Buildings occupied by a use permitted in the district
in which they are located, but which do not conform to yard, height,
or coverage regulations, may be permitted to be expanded by the Zoning
Board without a finding of significant economic injury, provided the
expansion does not involve any dimensional feature which makes worse
the existing nonconforming dimensions.
Any building or use which has been conclusively initiated or
for which a permit has been lawfully granted and on which construction
has been started and diligently prosecuted before the effective date
of this chapter or its amendment may be completed.
