Any nonconforming use, which existed lawfully at the time of
adoption of this chapter, may be continued, subject to the following
provisions:
A.Â
Expansion, modification, or replacement.
(1)Â
Expansion. A nonconforming use, which existed at the time of
adoption of this chapter, may be expanded within any portion of the
existing structure in which it is located. A nonconforming use shall
not be expanded beyond the area of the existing structure in which
the use is located, unless site plan approval is first obtained from
the Planning Board.
(2)Â
Modification. A nonconforming use shall not be changed to any
other nonconforming use, nor shall a nonconforming use be modified
in a way that increases its nonconformity.
(3)Â
Replacement. If a nonconforming use is replaced by another use,
such use shall conform to the regulations of the district in which
it is located.
B.Â
Discontinuance.
(1)Â
If a nonconforming use is discontinued for a period of one year
(12 consecutive months), such nonconforming use shall expire and be
deemed abandoned; and any subsequent use on the same lot shall conform
to the regulations of the district in which it is located.
C.Â
Destruction and restoration.
(1)Â
If any structure in which a nonconforming use is conducted is
hereafter damaged, removed, or destroyed by fire, wind, explosion,
or other natural cause, to the extent of 50% or more of its fair market
value at the time of such damage, application for any reconstruction
or restoration of such structure for a building permit to resume the
nonconforming use shall be made within one year and the structure
for the nonconforming use shall be constructed within one additional
year unless the permit is renewed.
A.Â
Continuation.
(1)Â
Any nonconforming structure, which existed lawfully or if a
valid building permit had been issued at the time of adoption of this
chapter, may be maintained.
B.Â
Modification and replacement.
(1)Â
A nonconforming structure shall be maintained in such condition
as will not constitute a danger to the health, safety, or general
welfare of the public.
(a)Â
Modification.
[1]Â
A nonconforming structure shall not be added to or enlarged
or altered in any manner or in a way which increases its nonconformity.
All such modifications which increase the nonconformity shall require
an area variance from the Zoning Board of Appeals.
[2]Â
Should such structure be moved for any reason, it shall thereafter
conform to the regulations for the district in which it is located
after it is moved.
(b)Â
Replacement. A nonconforming structure may be replaced on its
identical footprint, within 24 months after its removal, so long as
it is not added to, enlarged, reconfigured or altered in any manner
or in a way which increases its nonconformity. After 24 months, such
nonconforming structure may not be rebuilt on the same footprint but
must conform to the regulations of the district in which it is located.
A.Â
A new structure may be created on a nonconforming lot legally existing
prior to the adoption of this chapter so long as such a new building
or structure complies with all of the regulations of the district
in which it is located.
B.Â
Lawfully existing structures located on nonconforming lots may be
moved, expanded, enlarged or replaced as long as such change complies
with all of the regulations of the district in which such structures
are located.
No nonconforming use of land or buildings shall be lost or in
any manner affected solely by reason of a sale or transfer of title
of the subject premises.
A structure for which a building permit was issued prior to
the effective date of this chapter, or prior to the effective date
of any subsequent amendment of this chapter, may be completed and
used in accordance with approved plans and specifications for the
structure.
