[Ord. No. 17-89, § 9.1]
A nonconforming use, structure or lot is one which existed lawfully
on the effective date of these regulations or any amendment thereto,
and which fails to conform to one or more of the applicable provisions
or requirements of these regulations or such amendment thereto.
a. Nonconforming lot shall mean a lot, the area, dimension or location
of which was lawful prior to the adoption, revision or amendment of
a zoning ordinance, but fails to conform to the requirements of the
zoning district in which it is located by reason of such adoption,
revision or amendment.
b. Nonconforming structure/building shall mean a structure the size,
dimension or location of which was lawful prior to the adoption, revision
or amendment of a zoning ordinance, but which fails to conform to
the requirements of the zoning district in which it is located by
reasons of such adoption, revision or amendment.
c. Nonconforming use shall mean a use or activity which was lawful prior
to the adoption, revision or amendment of a zoning ordinance, but
which fails to conform to the requirements of the zoning district
in which it is located by reasons of such adoption, revision or amendment.
d. Continuance. Notwithstanding any other provision of these regulations,
a nonconforming use, structure/building or lot, as defined herein,
may be continued, except as otherwise specified in this section.
e. Ownership. Nothing in these regulations shall be deemed to require
discontinuance of a nonconformity because of mere change of title
or possession or right of possession of property.
f. Maintenance and Repair. Nothing in these regulations shall prevent
the normal maintenance and repair of any nonconforming structure or
building, provided the repair and maintenance does not increase the
degree of the existing nonconformity, or create any new nonconformity.
[Ord. No. 17-89, § 9.2]
Subject to approval by the Building Department and/or the Planning
Board, a nonconforming use may be changed to another nonconforming
use in the same zoning district provided that the new use will have
a lesser impact upon the surrounding area.
Whenever a nonconforming use has been changed to a conforming
use, it shall not thereafter revert to a nonconforming use.
[Ord. No. 17-89, § 9.3]
A nonconforming use may be moved or relocated within the structure
located on the same lot provided the relocation will reduce or eliminate
the nonconformity.
[Ord. No. 17-89, § 9.4]
A nonconforming structure with a conforming use therein may
be enlarged or altered provided such enlargement or alteration does
not increase the structural nonconformity and is otherwise permitted
by this chapter.
[Ord. No. 17-89, § 9.5]
Any nonconforming use, building or structure which has been
destroyed or damaged by fire, explosion, act of God, or by public
enemy to the extent of fifty (50%) percent or more of its current
replacement cost as determined by the Building Department at the time
such damage occurred, shall thereafter be made to conform with the
provisions of this chapter. If the application of this requirement
deprives the owner of the reasonable use of the land involved, the
Board of Adjustment may grant a variance, provided the proposed restoration
significantly decreases or reduces the former nonconformity. Where
less than fifty (50%) percent of the current replacement value of
the building or structure has been destroyed, such building or structure
may be restored to the same nonconformity. Any restoration must begin
within one (1) year and be completed within two (2) years of such
destruction. Failure to commence any restoration within one (1) year
or to complete within two (2) years of such destruction shall terminate
the restoration by operation of law.
[Ord. No. 17-89, § 9.6]
Any nonconforming use, of which has ceased operation for any
reason for a continuous period of one (1) year, shall thereafter conform
to the provisions of this chapter.
[Ord. No. 17-89, § 9.7]
The regulations imposed by this chapter shall not prohibit the
erection of a one (1) family detached dwelling on any lot having less
than the minimum width, depth, frontage or lot area required; provided
the lot was a matter of public record prior to the effective date
of this chapter and the proposed structure shall meet all other requirements
of the zone in which located, and be subject to site plan approval.
For the purpose of this chapter, two (2) or more adjoining undersize
lots in the same ownership shall be considered as one (1) lot.