[Amended 3-14-2023 by Art. 3 (Am 7)]
Except as otherwise expressly stated in this chapter, at the time this chapter takes effect, all lawful lots, buildings, structures and uses, which would not be otherwise allowed in the district where the same is located by the terms of this chapter, are declared to be nonconforming and shall be subject to the regulations set forth herein. All nonconforming lots, buildings, structures and uses when this chapter takes effect may continue indefinitely in their present or any similar use. Nothing in this chapter shall be deemed to restrict the sale or lease of any such nonconformity by the new owner or lessee.
A. 
In any district in which single-family or two-family dwellings are permitted, a dwelling and customary accessory buildings may be erected, as a variance obtained pursuant to Article VII, on any lot which was a lot of record on the effective date of this chapter, earlier variations thereof, or future amendments thereto, even though such lot fails to meet the district requirements for area or frontage or depth.
B. 
The following lots are considered buildable lots which are exempt from the variance requirements of this section, provided all other requirements are met:
[Added 1999; amended 3-10-2020 by Art. 3]
(1) 
Lots of record which met the requirements of this chapter for area, frontage and depth which were in effect on November 20, 1998; and
(2) 
Lots which were delineated on a plan which was accepted for subdivision review by the Planning Board prior to November 20, 1998, and subsequently approved and which met the requirements for area, frontage and depth which were in effect on November 20, 1998.[1]
[1]
Editor's Note: Original § 601.1, Merger Rule, which immediately followed this subsection was repealed 3-13-2012.
C. 
Yard dimensions. The applicable district requirements for yard dimensions and other requirements not involving area, frontage or depth shall still apply to nonconforming lots of record.
D. 
Septic system requirements. No structure or building shall be erected on a nonconforming lot of record unless the septic system requirements of both the State of New Hampshire and the Town of Rye are complied with. Approval of septic system design by the New Hampshire Department of Environmental Services shall not necessarily be considered proof of satisfaction of this requirement.
[Amended 3-11-2014]
Lawful uses of land, structures or buildings existent at the effective date of this chapter may be continued as nonconforming uses so long as they remain lawful, provided that:
A. 
Expansion. No such nonconforming use shall be enlarged, increased or extended. In the SR and GR Districts, a lot which has more than one dwelling is a nonconforming use, and expansions of such dwellings are prohibited. See § 190-2.2D(1).
[Amended 3-14-2006]
B. 
Change to another nonconforming use. If no structural alterations are made, any nonconforming use of a building, structure or land may be changed to another nonconforming use upon the grant of a special exception by the Board of Adjustment, after duly held public hearing, provided that the Board of Adjustment makes, in addition to such other findings necessary for the grant of a special exception (see § 190-7.1), a specific finding that the proposed nonconforming use is equally or more appropriate to the district than the existent nonconforming use. In granting approval, the Board of Adjustment may require appropriate conditions and safeguards in accord with the provisions of this chapter.
[Amended 3-14-2023 by Art. 3 (Am 7)]
C. 
Replacement with permitted use. Any building, structure, or land in or on which a nonconforming use is replaced by a permitted use shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.
D. 
Abandonment, discontinuance or destruction. Any and all nonconforming uses of land, buildings or structures which are abandoned, discontinued or vacated or which are partially or wholly destroyed by reason of any cause whatsoever, including obsolescence, fire, explosion, storm, tides, or other acts of God, may be resumed or restored and operated in their former nonconformity if the same is done within three years thereafter. For the purposes of this subsection, "obsolescence" can include the remodeling or renovation of a structure on the lot. The replacement uses (or buildings and structures, if applicable) must be in the same location and of the same dimensions as before the damage, unless change of location or dimensions would make the replacement more conforming as determined by the volume (bulk of the structure that is nonconforming).
[Amended 3-14-2023 by Art. 3 (Am 7)]
E. 
Multiple nonconforming uses. Only the principal use of the premises concerned may be continued if it is nonconforming. A subsidiary, secondary or subordinate use of the premises may not be continued.
[Amended 3-14-2023 by Art. 3 (Am 7)]
Where lawful buildings or structures exist at the effective date of this chapter which could not be built under the terms of this chapter by reason of restrictions on floor area, lot coverage, height, yard, location on the lot or other requirements concerning the building or structure, such buildings or structures may be continued as nonconforming buildings or nonconforming structures, so long as they remain lawful, provided that:
A. 
Expansion. Expansion of nonconforming parts of buildings or structures is not allowed. Those parts of any building or structure which are conforming may be expanded, provided the expansion is conforming and the use is not changed. For example, if a nonconforming building encroaches into a yard area established by this chapter, the bulk of the building within the portion of the yard area with the encroachment shall not be expanded at all, either vertically or horizontally, within such yard area but may be expanded into such portions where no nonconformity exists, so long as no new violation arises.
B. 
Abandonment, discontinuance or destruction. Any nonconforming building or nonconforming structure which is abandoned or vacated or which is partially or wholly destroyed by reason of any cause whatsoever, including obsolescence, fire, explosion, storm, tides, or other acts of God, may be resumed or restored and operated in its former (nonconformity) if the same is done within three years thereafter. For the purposes of this subsection, "obsolescence" can include the remodeling or renovation of the structure. If possible, the replacement of the building or structure shall conform to the requirements of this chapter with which it previously did not conform, as well as to all other requirements with which it did conform. Otherwise, the replacement of all nonconforming parts of the structure shall be in the same location and of the same dimensions, height and bulk as before the damage occurred unless changes would make the replacement less nonconforming, as determined by the volume (bulk of the structure that is nonconforming).
[Amended 1997]
A lawful use which existed at the effective date of this chapter (or at the effective date of an applicable amendment) and which is permitted by special exception by this chapter (or applicable amendment) is a legal "grandfathered" special exception. No approval from the Board of Adjustment is required for the continuance of such use as it existed on the effective date of this chapter (or applicable amendment), but no such use shall be expanded without approval by the Board of Adjustment pursuant to § 190-7.1A(3). No use which has been granted a special exception by the Board of Adjustment subsequent to the effective date of this chapter shall be expanded from the use approved by the Board of Adjustment without Board of Adjustment approval of the expansion pursuant to § 190-7.1A(3).
Nothing in this chapter or article shall validate any use which was declared unlawful or was prohibited by any prior zoning ordinance of the Town of Rye, whether or not such unlawful or prohibited use had been prosecuted prior to or at the time this chapter became effective, and no such unlawful or prohibited use shall be deemed conforming under the terms of this chapter.