With the exception of nonconforming signs, which shall be governed by Article
VII, Signs, nonconforming outdoor lighting, which shall be governed by §
151-46, and nonconforming telecommunications facilities, which shall be governed by §
151-67V, the following provisions shall apply to all buildings, structures and uses existing on the effective date of this chapter, as well as to any buildings or uses that may become nonconforming by reason of any subsequent amendment to this chapter and/or to the Zoning Map which is a part thereof, and to all complying buildings housing nonconforming uses.
Nothing in this article should be read to prohibit the routine
maintenance or repair of any structure containing a nonconforming
use, or any nonconforming structure.
Except as otherwise provided in this chapter, any lawful nonconforming
use in existence on the effective date of this chapter, or on the
effective date of any subsequent amendments to this chapter, may be
continued indefinitely provided that it is maintained in accordance
with all applicable codes, ordinances, regulations or other requirements,
but such use shall not be expanded, restored, moved, changed or reestablished
except as specifically provided in this article. Any existing natural
or man-made screening of nonconforming uses or structures shall not
be removed or replaced without prior authorization of the Code Enforcement
Officer. Such screening shall be maintained in a good state of repair.
A. Expansion, replacement, discontinuance or conversion.
(1) Expansion of use. A nonconforming use may be expanded within an existing structure (if an interior use) or on an existing site (if an exterior use) one time only after the use became nonconforming, provided that the extent of such expansion does not exceed 25% of the gross floor area of the structure or of the site dedicated to the nonconforming use, or 25% of the combined interior and exterior space devoted to such use, at the time of enactment of this chapter, and provided that the expansion is in strict compliance with the Development Standards set forth for the zoning district in Article
IV. Any such expansion shall be preceded by site plan review and approval by the Planning Board in accordance with Article
XI of this chapter.
(2) Expansion of structure containing a nonconforming use. No building
permit shall be issued to permit the increase in gross floor area
of a structure containing a nonconforming use unless the nonconforming
use is changed to a conforming use or to a less nonconforming use
as determined by the Zoning Board of Appeals.
(3) Replacement. If a nonconforming use is replaced by another use, such
use shall be a permitted use in the in which it is located, unless
it is determined by the Zoning Board of Appeals that such replacement
use is similar or less nonconforming than the existing use.
(4) Discontinuance. If a nonconforming use ceases or is discontinued
for any reason for a period of one year (12 consecutive months), such
nonconforming use shall expire, be deemed abandoned, and shall not
be recommenced, regardless of any intent, expressed or not, to recommence
such nonconforming use; any subsequent use on the same lot shall conform
to the regulations of the district in which it is located.
(5) Conversion. If a nonconforming use is converted to a conforming use,
or less nonconforming use as determined by the Zoning Board of Appeals,
at any time for any period of time, such nonconforming use shall not
be recommenced.
B. Destruction and restoration of structures containing nonconforming uses. If any structure in which a nonconforming use is conducted is hereafter damaged or destroyed, in whole or in part, resulting in the cessation of all or part of the nonconforming use of the structure for a period of more than 30 days, such discontinued nonconforming use shall not be resumed unless application for a building permit to permit the reconstruction of such structure and the associated recommencement of the nonconforming use is sought within one year, and the structure for the nonconforming use is constructed within one additional year. The building permit may be renewed one time prior to its expiration on good cause shown. For the purpose of this subsection, "sought" shall require submission of all necessary copies of a full and complete application for a building permit, with all required supporting documentation, as certified by the Code Enforcement Officer. If the proposed reconstruction of the structure deviates from what existed prior to the date of the damage or destruction, as determined by the Code Enforcement Officer, then site plan approval pursuant to Article
XI shall be required, and such approval also shall be sought within the required period.
No nonconforming use of land or structures shall be lost or
in any manner affected solely by reason of a sale or transfer of title
to the subject premises.