A.
Any building or use of a building or use of land or
part thereof lawful at the time this chapter is adopted (1939) may
be continued, unless and until abandoned, although such building or
use does not conform to the provisions hereof. No extension of the
nonconforming use of a building, including adding to, enlarging, reconstructing
or replacing, shall be allowed unless such addition, enlargement,
reconstruction or replacement is used for the purpose or for a purpose
substantially similar to the purpose for which the original building
may be lawfully used and unless authorized by the Board of Appeals
and subject to appropriate conditions, limitations or safeguards stated
in writing by said Board and made a part of the permit. As a basis
for such permit, the Board must be satisfied only that such addition,
enlargement, reconstruction or replacement, and the use to be made
thereof, will not substantially increase any detrimental or injurious
effect of the building or use on the neighborhood.
B.
(Reserved)
C.
A nonconforming structure or use damaged or destroyed
by accidental causes may be repaired, reconstructed or restored either
within the same portion of the lot or within a different portion of
the lot, provided that doing so renders the structure less nonconforming
than previously, and used as before, provided that such repair, reconstruction
or restoration shall be completed within two (2) years of said accidental
damage or destruction.
[Added 4-24-2001 ATM by Art. 24, approved
12-21-2001]
D.
Any such structure that is being used as a single-family
dwelling or a two-family dwelling may be increased in size or otherwise
altered without a special permit or other ruling from the Board of
Appeals, provided the Building Commissioner determines, prior to the
issuance of a building permit for such addition or alteration, that
the addition or alteration will not intensify any existing nonconformities.
[Added 4-24-2001 ATM by Art. 30, approved
7-24-2001]
Construction or operations under a building
permit or special permit shall conform to any subsequent amendment
of this chapter unless the use or construction is commenced within
a period of not less than six (6) months after the issuance of the
permit and, in cases involving construction, unless such construction
is continued through to completion as continuously and expeditiously
as is reasonable.
Whenever a nonconforming use has ceased to be
occupied, used, pursued or otherwise engaged in for a period of two
(2) years, the same shall be deemed abandoned, and thereafter use
of the premises shall be deemed restricted to the use designated on
the Zoning Map of the Town for that area.
