The lawful use of any building or lot existing on the effective
date of this chapter may be continued even if the use and/or the building
does not conform to the regulations of the district in which such
premises are located, and such buildings or uses shall be deemed nonconforming.
The effective date of this chapter shall also include the effective
date of any subsequent amendment to this chapter which may cause any
use or building to become a nonconforming use or building, subject
to the regulations herein. Any use which is permitted in a district
by a special use permit and has received approval from the Planning
Board shall be deemed a conforming use.
Normal maintenance and repair of, and incidental alteration
of, a nonconforming building or a building occupied by a nonconforming
use is permitted if it does not create any new nonconformity in the
building or extend the nonconforming use. No major structural alteration,
restoration or enlargement shall be made in a building occupied by
a nonconforming use, except:
B. To adapt the building to a conforming use. A nonconforming building
that is, or is to be, devoted to a conforming use may be reconstructed,
structurally altered, restored or repaired, in whole or in part, provided
that such action does not increase the degree of nonconformity.
A nonconforming use shall not be extended, but the extension
of a lawful use to any portion of a nonconforming building which existed
prior to the effective date of this chapter shall not be deemed the
extension of a nonconforming use. A nonconforming use shall not be
moved to any portion of the building, structure or land not so occupied
on the effective date of this chapter.
Any nonconforming use may be changed to a conforming use. Once
changed to a conforming use, no building or land shall revert to a
nonconforming use. On application to and with the approval of the
Zoning Board of Appeals, a nonconforming use may be changed to any
other nonconforming use which the Zoning Board of Appeals deems to
be in keeping with the uses permitted in the district in which the
said nonconforming use is located.
If active and continuous operation of a nonconforming use is
not carried on during a continuous period of one year for a building
or six months if such use occupies land wherein there is no consequential
structure devoted to such use, the nonconforming use shall be deemed
to be discontinued, and the building or land where such nonconforming
use previously existed shall thereafter be occupied and used only
for a conforming use. Intent to resume active operations shall not
affect the foregoing. For purposes of this chapter, it shall make
no difference whether discontinuance of operations is voluntary or
involuntary.
Notwithstanding any other provisions of this chapter, any automobile-wrecking
yard or other junkyard in existence in any district at the date of
enactment of this chapter shall, at the expiration of two years from
such date, become a prohibited and unlawful use and shall be discontinued.