A.Â
These provisions shall apply to all nonconforming uses existing on
the effective date of this chapter and to uses that become nonconforming
by reason of any amendment thereof and to buildings or other structures
housing such uses.
B.Â
Continuance. Any nonconforming use may be continued indefinitely,
except as hereinafter provided.
C.Â
Abandonment.
(1)Â
If active and continuous operations or occupancy are ceased by a
nonconforming use for an uninterrupted period of one calendar year
or more, the building, structure or lot occupied by such nonconforming
use shall immediately thereafter and henceforth be eligible for or
occupied by only conforming uses.
(2)Â
Notwithstanding the provisions of Subsection C(1), if a prior nonconforming use has ceased its nonconforming use for one year or more, the owner may apply to the Zoning Board of Appeals for a special permit to use the building, structure or lot for the purpose that it was originally constructed.
(3)Â
In making its decision, the Zoning Board of Appeals shall consider
the following criteria:
(a)Â
Whether the owner can establish the original constructed use
of the building or structure to justify reinstatement of the nonconforming
use.
(b)Â
Whether the owner has adequate parking on the property available to meet the requirements of § 280-39 of the Zoning Ordinance.
(c)Â
Whether the proposed use of the building, structure or lot is
in harmony with the neighborhood and will not adversely increase the
population and vehicular density of the neighborhood.
(d)Â
Whether the proposed use of the building, structure or lot is
the most economically viable alternative to reestablish the original
use of the property.
(e)Â
Whether it is necessary that the special permit be granted with
conditions.
D.Â
Change to another nonconforming use. A nonconforming use may be changed
to another nonconforming use by special permit from the Board of Appeals,
if the said Board deems the proposed nonconforming use to be sufficiently
similar in nature to the existing nonconforming use and closer in
character to surrounding conforming uses than is the existing nonconforming
use.
E.Â
Extension. A nonconforming use shall not be enlarged or extended
or relocated to a different position on the lot which it occupies.
F.Â
Any nonconforming use, as hereinbefore or hereinafter referred to,
is an affirmative defense in any action or proceeding.
G.Â
In an Industrial District included in an Economic Development Zone (EDZ), an existing nonconforming residential use may be continued with respect to the same number of existing one-family dwellings situate on the premises; however, the size of the one-family dwellings and accessory uses shall not be subject to the requirements of Subsection E of this section.
If a nonconforming use and a 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 true value, the building, other structure or tract of land
shall thereafter be eligible for and occupied by only a conforming
use, and the damaged portions of the building or other structure shall,
if rebuilt or reconstructed, conform to pertinent use and bulk regulations
for that district.
A.Â
Maintenance and repairs. Customary maintenance of a building or other
structure containing a nonconforming use is permitted, including necessary
nonstructural repairs and minor alterations, so long as they do not
increase or expand the nonconforming use.
B.Â
Structural alterations. No structural alterations are permitted,
except when required by law or when adapting or remodeling a building
or other structure for a conforming use.
A.Â
Changes or alterations. Buildings and structures which are only nonconforming
in bulk may be altered, moved, reconstructed or enlarged, provided
that each change does not increase the degree of, or create any new,
nonconforming bulk in such building and does not violate any other
provisions of this chapter.
B.Â
Reduction in lot area. No lot shall be reduced in area so that it
creates a nonconforming bulk or use in violation of any regulations
contained in this chapter.
Any vacant lot in a residence district with an area or width
less than the minimum required by the district regulation in which
it is located and which is not adjoined by another vacant lot under
the same ownership may be used for:
A.Â
A one-family residence, provided that the following minimum standards
are met:
(1)Â
Lot area minimum: 3,800 square feet.
(2)Â
Lot width at building line: 40 feet.
(3)Â
Front yard: 25 feet.
(4)Â
Rear yard: 25 feet.
(5)Â
Side yards: 14 feet total, four feet minimum.
(6)Â
Maximum coverage: 30%.
(7)Â
Maximum building height: three stories or 35 feet, whichever is less.
(8)Â
Minimum habitable floor area: 650 square feet, excluding basement.
B.Â
Parking and garage, provided that site plan approval is obtained
from the Planning Board and landscaping and screening is installed.
A.Â
The lawful use of a sign or signs existing at the time of adoption
of this chapter may be continued, even though the sign does not conform
to the regulations and limitations of this section, until one or more
of the following occurs:
(1)Â
The structure, size, location, advertising display matter or accessories
of any or all signs previously granted approval and permits are altered,
modified, changed, reconstructed or moved.
(a)Â
The structure, size, location, advertising display matter, lettering,
color scheme or accessories of any or all signs on the property for
which approval and/or permits have not been granted are altered, modified,
changed, reconstructed or moved.
(b)Â
The nonconforming sign is damaged or destroyed by fire, explosion
or act of God to the extent of more than 60% of the actual value thereof.
(c)Â
The use of the property on which the nonconforming sign is located
is discontinued.
(d)Â
The nonconforming sign falls into a state of disrepair and/or
becomes unsafe.
(2)Â
Nonconforming signs may not be enlarged, extended, relocated or altered
in any way, except to make them conform to provisions of this chapter.
This provision shall not restrict routine maintenance of nonconforming
signs involving replacement of electrical parts and repainting. Ordinary
maintenance and repairs may be made to any nonconforming sign, provided
that the structure, advertising display matter, lettering, color scheme
or accessories are not altered, modified, changed, reconstructed or
moved, and provided that such ordinary maintenance and repairs do
not exceed 20% of the value of the sign in any one-year period.
(3)Â
Nothing contained in this section shall be deemed to require any
change in the plans or construction of any sign upon which actual
construction was lawfully initiated prior to the effective date of
this section. "Actual construction" is hereby defined as the actual
placing of the sign and/or structure materials in their permanent
position in compliance with the previously obtained approval and permits.