The object of this Article is to guide future
development of residential areas to avoid excessive and undesirable
population densities. It is not intended to eliminate or interfere
with the normal occupancy of existing dwellings designed for two-family
use, even though situated within a district now designated for single-family
residences only.
Any building existing at the time of passage
of this chapter which fails to meet the height, bulk or other structural
standards or occupies a greater percentage of the lot area than allowed
may continue to be used or occupied as a nonconforming building subject
to the following conditions:
A. Alterations and additions. A nonconforming building
may be remodeled or extended in bulk. However, horizontal extensions
shall conform to side yard and setback requirements and the entire
building, together with such extension, shall occupy no more of the
lot area than is permitted for the district in which it is located.
B. Repair of damage. A nonconforming building damaged
by fire or other cause to the extent of more than 80% of its replacement
cost may be restored or rebuilt only in conformity with the regulations
of this chapter.
C. Unsafe condition. A nonconforming building or portion
thereof declared unsafe by proper authority may be restored to a safe
condition. If, however, the cost of such restoration shall exceed
50% of the equalized full value thereof, the building shall be restored
to a conforming condition only.
D. Discontinued occupancy. Whenever a nonconforming building
shall have become vacant or unused for a period of one year, occupancy
or use shall not be resumed until it is made to conform to the requirements
of the district within which it is located.
The use of any land or building, including access
driveways thereto, existing at the time of passage of this chapter,
even though contrary to the provisions hereof, may be continued as
a nonconforming use, subject to the following restrictions and conditions:
A. No extension of use. A nonconforming use shall not
be extended or enlarged, but the introduction of a conforming use
into any portion of the area shall not be deemed an extension.
B. Change of use limited. Once changed to a conforming
use, no land or building shall be permitted to revert to a nonconforming
use.
C. Discontinued use. Whenever a nonconforming use of
any land or building shall have become discontinued for a period of
one year, such use shall not be thereafter resumed, and any future
use shall be in conformity with the provisions of this chapter.
Existing nonconforming uses shall become unlawful
and prohibited uses and shall be discontinued as follows:
A. Junkyards. Auto wrecking yards and junkyards shall
be discontinued four years from the date of passage of this chapter.
B. Other uses. Any nonconforming business use within
a residential district may be declared unlawful and prohibited in
the following manner:
(1) A petition for discontinuance of a nonconforming use
may be submitted to the Board of Appeals by at least three affected
owners of property located within 300 feet of said nonconforming use.
(2) The petition shall be referred to the Planning Board
for its study and recommendation. The Planning Board shall either
submit a report within 30 days from such referral or it shall be deemed
to have approved said petition.
(3) The owner of the nonconforming property complained
of shall be given 10 days' written notice of a time and place that
the Board of Appeals will hear his objections to its proposed action.
(4) The Board of Appeals, after due consideration, shall
either reject the petition or declare the nonconforming use an unlawful
and prohibited use and issue an order that it be discontinued within
such reasonable time limit as the Board may determine within which
the owner's investment can be amortized.
Whenever the boundaries of any district shall
be changed so as to transfer an area from one district to another
of different classification, the foregoing provisions shall also apply
to any nonconforming structures and uses existing therein.