[Ord. No. 94-29 § 118-21; Ord. No. 09-15-OA § 9]
a.
Nonconforming Use. Except as otherwise provided in this section,
the lawful use of land or buildings existing at the date of the adoption
of this chapter (ordinance[1]) or amendment may be continued although such use does
not conform to the regulation specified by this chapter for the zone
in which such use is located, provided, however:
1.
That a nonconforming use shall not be replaced by another nonconforming
use;
2.
That a nonconforming use shall not be expanded through an increase
in floor area, density, building coverage or lot coverage, or hours
of operation.
[1]
Editor's Note: This chapter was adopted by Ordinance 94-29
on July 1, 1994, and as further amended and supplemented.
b.
Nonconforming Lot or Building. Except as otherwise provided in this
section, a lot or building that is rendered nonconforming upon the
adoption or amendment of this chapter may be continued provided that:
1.
No nonconforming lot shall be further reduced in size; and no building
that is nonconforming with one or more of the yard requirements of
the zoning district may be enlarged, extended or otherwise increased
within the area of nonconformity. However, such enlargement or extension
that occurs within an area of the building that conforms with the
height and bulk requirements of the zoning district is permitted,
whether or not the subject lot conforms to the minimum lot size requirements.
[Ord. No. 94-29 § 118-21.1]
A nonconforming use shall be deemed abandoned when there occurs
such overt act as evidences an intent by the owner or the tenant to
cease such prior use or activity. In any event, where an owner or
tenant ceases such prior use or activity and fails to reinstate same
within a period of one year from the date of cessation or discontinuance,
same shall be conclusive evidence that there in fact has been an abandonment.
In either of the aforesaid events such use shall not be thereafter
reinstated and the structure shall not be reoccupied except in conformance
with the chapter.
[Ord. No. 94-29 § 118-21.2]
If any nonconforming structure is damaged by fire or any other
natural cause it may be restored or repaired in the event of partial
destruction thereof. However, any addition, expansions or new site
improvements shall be built in conformance with this chapter only
after application to the appropriate Board for site plan approval
and variances, if required.
[Ord. No. 94-29 § 118-21.3]
No nonconforming use shall, if once changed into a conforming
use, be changed back again into a nonconforming use.
[Ord. No. 94-29 § 118-21.4]
A nonconforming building may be altered or improved, provided
the alteration or improvement does not amount to a substantial increase
or a nonconforming use; but if such alterations or improvements involve
any increase in lands so used or in the cubic content of the building
so used, the permit for the alteration or improvement shall be issued
only upon variance granted in accordance with law.
