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 do 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 that may cause any use or building to become a nonconforming use or building, subject to the regulations herein. Any use in existence on the effective date of this law which was formerly a permitted use, but has been classified a special use by adoption of this law, shall be considered a conforming use; provided, however, that any expansion, alteration, or enlargement shall be subject to these regulations and shall require that an applicant secure a special use permit from the Planning Board.
A.
Normal maintenance and repair of, and incidental alteration in, 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.
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.
If a nonconforming use or building or other structure of nonconforming bulk sustains an amount of damage or destruction by any cause, which amount is officially appraised to be 75% or more of its assessed value, the building or other structure, or tract of land, shall thereafter be occupied and used only in conformity with the provisions of this chapter.
B.
If a nonconforming building, structure or use is damaged to an extent less than 75% of its true value, in no case shall such building, structure or use be restored to extend beyond the limits of the previous nonconformity or to increase the intensity or degree of the nonconforming use.
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 Board of Appeals, a nonconforming use may be changed to any other nonconforming use which the Board of Appeals deems to be more in keeping with the uses permitted in the district in which the said nonconforming use is located. The Zoning Board of Appeals shall hold a public hearing prior to approving the change of use.
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 a nonconforming use shall not confer the right to do so. 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. Any advertising sign or billboard existing as of the date of adoption of this chapter shall become a prohibited and unlawful use and shall be discontinued within one year from the effective date of this chapter or any amendments thereto which shall make such sign illegal.
A preexisting building not conforming to yard requirements may be extended on its side or rear yards without the need for an area variance from the Zoning Board of Appeals, but any such extension shall not be at a lesser distance from the lot line than the preexisting portion of the building, and shall not result in any exceedance of the maximum lot coverage or maximum floor area ratio requirement for the district in which the building is located.
A.
Two or more contiguous nonconforming vacant parcels of land in common ownership on or after July 23, 1990, shall be deemed to be merged to form one or more lots conforming so far as possible to the lot standards of the district in which the parcels are located. The lots shall be merged so that no nonconforming lot or lots are formed, or to reduce the degree of nonconformity.
B.
One or more vacant parcels of land that adjoin a nonconforming lot in common ownership on or after July 23, 1990, and containing a building or structure shall be deemed to be merged with said improved lot to the extent necessary to bring the improved lot into conformity so far as possible. If the remaining portion of the vacant parcels constitutes a conforming lot, said remaining portion shall constitute a separate lot. Otherwise, the merged lots shall constitute one lot.
C.
Merger shall occur whether such contiguous parcels were under common ownership at the date of adoption of these regulations (July 23, 1990), or come under common ownership any time thereafter.
D.
No lot so merged, or portion thereof, may be transferred in any manner that will increase the degree of nonconformity unless approval has first been obtained from the Zoning Board of Appeals. No approval shall create any additional buildable lot(s).
E.
Grandfathering of lots to be used for the construction of one-family detached dwellings. Any lot in existence prior to July 23, 1990, which did not adjoin another lot in common ownership and does not presently adjoin a lot in common ownership, and whose lot area, lot width, lot depth are less than the minimum lot requirements for the district in which it is located, may be considered as complying with the minimum lot area requirements, and no variance shall be required, provided that:
(1)
Such lot has a minimum lot area of 7,500 square feet and a minimum lot width of 50 feet.
(2)
A one-family detached dwelling constructed on a preexisting undersized lot in conformity with the provisions of this section shall conform with all yard, FAR, coverage and height requirements of the district with a minimum lot area requirement in which the lot would conform in descending order from the largest to smallest lot area. For example, a preexisting 20,000 square foot lot in the R-40 District shall conform to the R-15 Zoning District bulk requirements. Lots smaller than 10,000 square feet shall be subject to the R-10 bulk requirements.
(3)
The lot shall be used only for the construction of a one-family detached dwelling, and said use shall be a permitted use in the district in which said lot is located.
(4)
These grandfathering provisions do not apply to any other use.
F.
Front yard exception. When an unimproved lot is situated between two improved lots, each having a principal building within 50 feet of any side lot line of such unimproved lot, the front yard may be reduced to the greatest depth of the front yard of the two adjoining improved lots but shall not be less than 15 feet.