Any nonconforming use, which existed lawfully at the time of
adoption of this chapter, may be continued, subject to the following
provisions:
A. Expansion, modification, or replacement.
(1)
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)
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)
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. Discontinuance.
(1)
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. Destruction and restoration.
(1)
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.
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.