The following provisions shall apply to all
buildings and uses existing on the effective date of this chapter
which building and uses do not conform to the requirements set forth
in this chapter, to all buildings and uses that become nonconforming
by reasons of any subsequent amendment to this chapter and the Zoning
Map which is a part thereof and to all conforming buildings housing nonconforming
uses.
Except as provided in §
205-51 below, no nonconforming building or a building which houses a nonconforming use shall be:
A. Altered: structurally altered or enlarged, except
that the Planning Board may permit an expansion not to exceed 15%
of the existing ground floor area of said nonconforming building,
provided that the most restrictive bulk requirements specified in
the district in which nonconforming use is located shall apply to
any extension.
B. Removed: moved to another location where such use
would be nonconforming.
C. Restored after damage: restored for other than a conforming
use after damage from any change, unless the nonconforming use is
reinstated within one year of such damage; if the restoration of such
building is not completed within said one-year period, the nonconforming
use of such building shall be deemed to have been discontinued, unless
such nonconforming use is carried on without interruption in the undamaged
portion of such building.
Normal maintenance and repair, structural alteration
in and moving, reconstruction or enlargement of a building which does
not house a nonconforming use, but is nonconforming as to the district
regulations for lot area, lot width, front yard, side yard, rear yard,
maximum height, maximum lot coverage or minimum livable floor area
per dwelling is permitted if the same does not increase the degrees
of, or create any new, nonconformity.
No building damaged by fire or other causes
shall be repaired or rebuilt except in conformity with the regulations
of this chapter.
Nothing in this chapter 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 demolition necessary in the interest of public safety. In granting
such a permit, the Building Inspector shall state the precise reason
why such alterations were deemed necessary.
The nonconforming use specified below is deemed
sufficiently objectionable, undesirable and out-of-character in the
district in which such use is located as to depreciate the value of
other property and uses permitted in the district and blight the proper
and orderly development and general welfare of such district and the
Town to the point that such nonconforming use shall be terminated
on or before the expiration of the specified period of time after
the effective date of this chapter; which period of time as specified
for the purpose of permitting the amortization of the remaining value,
if any, of such use: signs. In any district, any sign not of a type
permitted or of a type permitted but greater than the maximum permitted
size may be continued for one year following the effective date of
this chapter, provided that after the expiration of that period such
nonconforming use of it shall be terminated.