[Amended 3-7-2023(3)]
(a)
Any use of buildings, structures, premises, land or parts thereof legally existing at the effective date of the Ordinance from which this Chapter is derived and made nonconforming by the provisions of this Chapter or any amendments thereto, may be continued as legally nonconforming uses, subject to the provisions of this Article.
(b)
Except as provided in this Article, a nonconforming use, a structure in which a nonconforming use occurs, a structure that is nonconforming with respect to dimensional requirements for a respective zoning district, a lot that does not comply with either or both of the minimum lot frontage and minimum lot size dimensional requirements for a respective zoning district, and a lot that exceeds the maximum allowed lot coverage dimensional requirements for a respective zoning district, shall not be expanded so as to increase the portion of a property or structure located thereon that is used for a nonconforming use or activity.
(c)
The nonconforming status of a structure or property shall run with the property and not a specific owner or lessee of said property.
(d)
An increase in the intensity or volume of business, where there is no increase in the amount of space dedicated to the use nor any change in the specific nature of the use, is not considered an enlargement or expansion of a legally established nonconforming use.
(e)
A legally established nonconforming use may be continued and used for the same nonconforming purpose regardless of its noncompliance with the use regulations in this Chapter.
(f)
Any structure, building, or site containing a legally established nonconforming use may be physically repaired, maintained, and/or renovated, as long as the total area within the structure, building, or site dedicated to the nonconforming use is not changed or expanded, and as long as there is no change in the specific nature of the nonconforming use. Any building or structure containing a legally established nonconforming use that is destroyed or damaged by fire, lightning, wind, flood, or other casualty may be rebuilt within two years of the date of loss and the nonconforming use may continue, provided there is no increase in the total area dedicated to the nonconforming use and no change in the specific nature of the use. The two year time period identified in this provision means that an applicant/owner shall have obtained a City building permit within two years of the loss, and commenced substantial construction. The completion of construction shall comply with terms of the issued building permit. A reconstructed building, however, shall comply with Chapter 74, Building and Building Regulation, requirements.
(g)
Notwithstanding the provisions of Article III, Nonconformance, a property located in a Shoreland Zone must comply with Chapter 82, Shoreland Zoning, requirements, a property located in a Flood Zone must comply with Chapter 78, Floods, requirements, and a project that involves the renovation, expansion, or reconstruction of a structure must comply with Chapter 74, Building and Building Regulations. Chapter 82, Shoreland Zoning, and Chapter 78, Floods, identify specific standards and a process for consideration of nonconforming situations.
(h)
Replacement structures that are permitted uses subject to Planning Board review in this Chapter shall not be considered new structures for zoning purposes.
(i)
Effective March 4, 1997, any and all yard sale or yard sale operations shall conform to the respective standards identified in Article V, District Regulations, of this Chapter. No yard sale or yard sale operation that existed on or prior to March 4, 1997, or that was established after that date, shall qualify as a legally established nonconforming use of record which may be continued, unless said use conforms with the provisions of this Chapter relating to yard sales.