[Amended 10-29-2013 by L.L. No. 4-2013]
The following provisions shall apply to all buildings and uses
legally 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:
A. Except as provided hereinafter, nonconforming use of buildings or
open land and, regardless of change of title, possession or occupancy
or right thereof, any nonconforming buildings may be continued indefinitely,
but:
(1) Shall not be enlarged, altered, extended, reconstructed or restored,
except as provided elsewhere in this article, 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.
(2) Shall not be moved to another location where such use would be nonconforming.
(3) Shall not be changed to another nonconforming use without approval
by the Planning Board, and then only to a use which, in the opinion
of said Board, is of the same or of a more restricted nature.
(4) Shall not be reestablished if such use has been discontinued for
any reason for a period of 18 months or periods aggregating 18 months
during any twenty-four-month period, except that seasonal uses that
remain in operation for two months during each year may continue unless
they are discontinued over a full twelve-month period. Intent to resume
a nonconforming use shall not confer the right to do so.
(5) Shall not be reestablished if such use has been destroyed, or changed
to or replaced by a conforming use.
B. Upon a finding by the Planning Board that a proposed remodeling of
a nonconforming building, including the improvement of its exterior
appearance and of its grounds, would result in enhancing the compatibility
of such building with its surroundings, said Board may authorize the
issuance of the necessary permits. For purposes of this section, the
term "remodeling" may include enlargement of the building to an extent
not exceeding 25% of its area on the effective date of this chapter,
provided that the Board shall find that such expansion will not diminish
the compatibility of said building with the existing or potential
use of immediately adjacent properties.
C. Merger of lots. Any substandard plot of land owned by or acquired
under any circumstances by an adjoining landowner shall, for the purposes
of this Code, be considered as having merged into one plot, and the
plots so merged shall be considered as one plot in its entirety.
[Amended 10-29-2013 by L.L. No. 4-2013]
A. A noncomplying principal building shall not be reestablished in its
noncomplying location nor restored in other than a complying location
after such building shall have been damaged, which damage shall exceed
75% of its bulk or square footage, unless such restoration is completed
within two years from the date of such destruction. A noncomplying
accessory building shall not be reestablished in its noncomplying
location nor restored in other than a complying location after damage
for any reason exceeding 75% of its bulk or square footage.
B. Nothing in this article shall be deemed to prevent normal maintenance
and repair of, in or to a noncomplying building.
Notwithstanding any of the foregoing regulations,
nothing in this article shall be deemed to prevent normal maintenance
and repair of any building or the carrying out upon the issuance of
a building permit of major structural alterations or demolitions necessary
in the interest of public safety.