A use, building or structure, lawfully in existence at the effective date of this chapter, which shall be made nonconforming by the passage of this chapter or any applicable amendment thereto may be continued except as otherwise provided in this article and Article VIII.
No existing building or premises devoted to a nonconforming use shall be enlarged, extended, reconstructed, substituted or structurally altered except when changed to a conforming use or except when authorized by the Zoning Board of Appeals in accordance with the provisions, procedures and conditions prescribed under Article VIII herein, and no nonconforming use shall hereafter be enlarged or extended, except that, when authorized by the Zoning Board of Appeals, a building containing a nonconforming use may be enlarged to an extent not exceeding 50% of the gross floor area of the existing building or buildings devoted to a nonconforming use at the effective date of this amended article and chapter or at the time of its amendment making such use nonconforming, or when required to do so by law and as follows:
A.
Restoration. Any damaged nonconforming structure may be restored,
reconstructed or used as before, provided that the floor area of such
damaged use, building or structure may be restored, reconstructed
or used as before, and provided that the floor area of such use, building
or structure shall not exceed the floor area which existed prior to
such damage. All repairs shall be completed within one year after
the damages occurred, or such use shall not be rebuilt except as a
conforming use.
D.
Repairs. Normal maintenance, repair and incidental alteration of
a structure containing a nonconforming use is permitted, provided
that it does not extend the area or volume of space occupied by the
nonconforming use. A building or other structure containing residential
nonconforming uses may be altered in any way to improve interior livability.
No structural alterations shall be made which would increase the number
of dwelling units.
E.
Prior approval. Nothing herein contained shall require any change
in the plans, construction or designated use of a building complying
with existing laws, a permit for which shall have been obtained before
the date of adoption of this chapter or any applicable amendment thereto
and the ground story framework of which, including the second tier
of beams, shall have been completed within six months of the date
of the permit, and which entire building shall have been completed,
according to such plans as have been filed, within one year of the
date of adoption of this chapter or any applicable amendment thereto.
The discontinuance of a nonconforming use for a period of one
year and/or the change of use to a more restricted or conforming use
for any period of time shall be considered an abandonment thereof
and such nonconforming use shall not thereafter be revived. An intent
to resume active operations shall not affect the foregoing.
A.
The provisions of this article shall not apply, except as noted herein
specifically, to any nonconforming industrial use located in a residential
zone, which use exists on the effective date of this chapter; provided,
however, that no change is made in the basic type of industrial operation
or no additions are made to the existing operation which are noxious,
offensive, hazardous or detrimental to the comfortable enjoyment of
life or which are injurious to human, plant or animal life and property
or to the health, safety and general welfare of the community.
B.
No land devoted to a nonconforming industrial use shall be extended
beyond its property boundaries as they existed at the effective date
of this chapter. A nonconforming industrial use may be changed into
a conforming use.
