Any structure or use which was legal when built or commenced
and which was in existence at the time of enactment or amendment of
this chapter, which becomes nonconforming as a result of such enactment
or amendment may be continued.
If a nonconforming use of land or structures is discontinued for a period of one year, it shall not thereafter be re-established except as provided in §
405-1004, and any future use shall be in conformity with this chapter.
The Zoning Board of Appeals may issue a special permit for the
re-establishment of the use after the one-year period has expired
if the applicant has been prevented from continuing the use during
the one-year period due to strikes, acts of God, disability, or other
similar hardship beyond the applicant's control.
A nonconforming use or structure shall not be extended, enlarged,
or structurally altered except as provided below. The extension of
a conforming use to any portion of a nonconforming structure shall
not be deemed the extension of a nonconforming structure or use.
A. A nonconforming structure or use may be rebuilt in the event of its
total or partial destruction, to occupy the same or a lesser amount
of footprint but may not exceed the original height of the totally
or partially destroyed structure. Such rebuilding shall require site
plan review by the Planning Board.
B. A nonconforming use or structure may be repaired or restored to a
safe condition.
C. A nonconforming use or structure may be enlarged by a maximum of
25% of its floor area by the grant of a special use permit by the
Zoning Board of Appeals, provided that the Board finds that:
(1)
The enlargement will have no greater impact on neighboring land
uses and the public than the exiting use or structure; and
(2)
The enlargement will improve the appearance of the site; and
further provided that
(3)
The enlargement will comply with applicable site plan criteria
to the extent practical.
A nonconforming use of a structure or parcel of land may, upon issuance of a special permit by the Zoning Board of Appeals, be changed to another nonconforming use which is of the same or lesser impact. No structure in which a nonconforming use has been changed to a use of lesser impact shall again be devoted to a nonconforming use with greater impact. In determining whether a use is of greater or lesser impact, the Zoning Board of Appeals shall consider the impact criteria listed in §
405-808.
Any pre-existing legal use which is allowable by special permit
under this chapter, but which has not been issued a special 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.
Any structure for which construction was begun prior to the
effective date of this chapter, or of any amendment thereto, may be
completed and used in accordance with the approved plans and specifications
for such structure. Any structure for which construction has not begun
pursuant to approved plans shall be subject to the provisions of this
chapter and any amendments thereto, even if all pre-construction approvals
have been granted. For purposes of this, "beginning construction"
shall mean excavation and pouring of footings or the installation
of any other means of permanently attaching a structure to the ground.
Site plan approvals, special permits, and building permits granted
under prior authority, including all conditions attached to such approvals
and permits, shall have full force and effect, except that any amendments
to such approvals or permits shall comply with this chapter.