[1979 Code § 64-123; Ord. No. 14-95; Ord. No. 10-97 § 84; Ord. No. 2010-06; Ord.
No. 2017-02]
Any lawful nonconforming use which existed at the time of the
passage of this chapter may be continued, and any existing building
designed, arranged, intended or devoted to a nonconforming use may
be reconstructed or structurally altered, subject to the following
regulations:
a.
Such building shall in no case be enlarged, unless the use therein
is changed to a conforming use; provided, however, that the provisions
of this subsection shall not apply to an existing residence located
in a nonresidential zone wherein residential uses are prohibited.
Such an existing residence may be extended or enlarged, provided that
the yard requirements of the residential zone whose minimum lot size
requirement most closely approximates the area of the residential
lot are met.
b.
A nonconforming use shall not be extended at the expense of a conforming
use.
c.
A nonconforming use changed to a conforming use may not thereafter
be changed back to a nonconforming use.
d.
A nonconforming use shall not be permitted to be changed to another
nonconforming use.
e.
In the event that there is a cessation of operation of any nonconforming
use for a period of 12 consecutive calendar months, the same shall
be presumed to be an abandonment of such nonconforming use. When such
nonconforming use is to be reactivated, the owner or his agent shall
make application to the Planning Board for a determination as to the
status of such use. Any subsequent exercise of such abandoned nonconforming
use shall be deemed a violation of the terms of this chapter, except
that such shall not apply to a nonconforming use because of height
and area violations.
f.
A building which is conforming in use, but violates the yard setback
or height requirements, may not be extended within any required yard
or setback area nor extended above the height limits of this chapter.
g.
Structures Permitted Within Required Open Spaces. Balconies and uncovered
decks attached and unattached to residences may project into required
open spaces provided the structure doesn't exceed 280 square feet
in total area, is not enclosed above or below and does not extend
any closer than 25 feet from the side line and is not closer than
25 feet from the rear line.
[1979 Code § 64-124; Ord. No. 2017-02]
Nothing in this chapter shall prevent the restoration of a nonconforming
building partially destroyed by fire, explosion, act of God or act
of public enemy, provided that any building partially destroyed in
the manner aforesaid may be reconstructed and thereafter used only
in such manner as to not further violate the reasons for nonconformity.
Any building totally destroyed in the manner aforesaid may only be
rebuilt as a conforming use.
[1979 Code § 64-125; Ord. No. 2017-02]
Nothing in this chapter shall require any change in plans, construction
or designated use of a building for which a building permit has been
heretofore issued and construction diligently prosecuted within 12
months of the date of such permit.
[1979 Code § 64-126; Ord. No. 2017-02]
Nothing in this chapter shall be interpreted as authorization
for or approval of the continuance of the use of a structure or premises
in violation of zoning regulations in effect at the time of the effective
date of this chapter.
[1979 Code § 64-127; Ord. No. 2017-02]
The foregoing provisions of this Article shall also apply to
buildings, structures, land or uses which hereafter become nonconforming
due to any reclassification of zone districts under this chapter or
any subsequent change in the regulations of this chapter.
[1979 Code § 64-128; Ord. No. 2017-02]
In all cases, the nature and extent of nonconforming uses shall
be determined as of the date that such use became nonconforming, whether
by reason of the adoption of this chapter or of any previous chapter
or amendment.
[Ord. No. 04-08; Ord. No. 2017-02]
