The following provisions shall apply to all
buildings and uses existing on the effective date of this chapter
which do not conform to the requirements set forth in this chapter
and to all buildings and uses that become nonconforming by reason
of any subsequent amendment to this chapter. Any nonconforming use
of buildings or open land may be continued, except that the same shall
not be:
A. Enlarged, altered, extended, reconstructed or restored,
or placed on a different portion of the lot or parcel of land occupied
by such use on the effective date of this chapter, nor shall any external
evidence of such use be increased by any means whatsoever.
B. Moved to another location where such use would be
nonconforming.
C. Changed to another nonconforming use without approval
by the Board of Appeals, and then only to a use which, in the opinion
of the Board of Appeals, is of the same or of a more restricted nature.
D. Reestablished if such use has been discontinued for
any reason for a period of one year or more or has been changed to
or replaced by a conforming use. Intent to resume a nonconforming
use shall not confer the right to do so.
Nothing in this article shall be deemed to prevent
normal maintenance and repair, structural alteration in or the reconstruction
or enlargement of a noncomplying building, provided that such action
does not increase the degree of or create any new nonconformity or
noncompliance with regard to the regulations pertaining to such buildings.
[Amended 10-27-2010 by L.L. No. 2-2010]
Nonconforming lots in existence on the date of the adoption
of this chapter shall be eligible for development, subject to the
following:
A. Any vacant
or improved lot depicted upon a subdivision map filed after March
1994, and prior to the effective date of this chapter, shall be regulated
by the zoning regulations in effect at the time of map filing.
B. Any vacant
or improved lot created, by any means, prior to 1994, and nonconforming
to the bulk requirements of this chapter, shall be regulated by the
bulk requirements set forth in this chapter which most closely approximate
the bulk area of the preexisting lot.
C. Any vacant
lot having a total plot area of 40,000 square feet or less shall not
be deemed to be a permitted preexisting nonconforming lot and shall
require approval from the Zoning Board of Appeals.