It is the purpose of this article to provide for the regulation
of legally nonconforming uses, lots of record and structures, and
to specify those circumstances and conditions under which such nonconformities
shall be permitted to continue.
Lots of record at the time of adoption of this chapter that are less
than the minimum lot size and lot frontage required shall be deemed
to meet the minimum size regulations of this chapter. Nothing contained
herein shall prohibit the use of an undersized lot of record, provided
all other area and bulk regulations for the zoning district in which
the lot is located shall be met, and that there is no further subdivision
of the lot.
Lawfully existing structures located on nonconforming lots may be
moved, expanded, enlarged or replaced without a variance, as long
as such change complies with all of the regulations of the zoning
district in which it is located.
Any building or structure for which a valid building permit was lawfully
issued prior to the adoption of this chapter may be completed and
used in accordance with the plans and specifications for such building
or structure.
Re-establishment of nonconforming structures. A nonconforming structure damaged or destroyed by fire, flood, wind or other natural disaster may be rebuilt in the same footprint, although it may be nonconforming, provided that the requirements for building height and other architectural development standards of § 325-51 and § 325-52 of this chapter are met. If such plans for rebuilding require site plan approval pursuant to § 325-89, such approval shall be granted prior to issuance of a building permit. The restoration or rebuilding shall be commenced with a building permit within 12 calendar months of such damage or destruction and be completed within 24 calendar months.
The lawful use of any land or building existing at the time of the
adoption of this chapter may be continued, although such use does
not conform with the provisions of this chapter.
Replacement. If a nonconforming use is replaced by another use,
such use shall conform to the regulations of the zoning district in
which it is located.
Destruction and restoration. 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 75% or less
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.
Any preexisting legal use that is allowable by special use permit
under this chapter, but that has not been issued a special use permit,
shall be considered a permitted use. The expansion of such a use,
other than a single-family or two-family residence, shall require
site plan approval, unless such expansion has been permitted by a
prior site plan approval.
Whenever a structure or land used for or occupied by a nonconforming use has been discontinued for a period of 12 months, such use shall not thereafter be continued except as provided in § 325-84B, Destruction and restoration. Such use shall not be considered in operation unless there is proof of operation for at least 60 days within a twelve-month period.
A building within which there is a nonconforming use may be improved
if the proposed improvements or remodeling of the building, including
the improvement of its exterior appearance and of its grounds, would
result in enhancing the compatibility of such building with its surroundings.
All exterior appearance and grounds improvements shall require site
plan review.