Except as provided in §§ 200-10D and E, 200-12, 200-17 and 200-20, neither this Zoning Bylaw nor any amendment thereto shall apply to uses or structures lawfully in existence, or lawfully begun, or to a building permit or special permit issued before the first publication of notice of the public hearing on said Zoning Bylaw or amendment. Such structures and uses shall hereinafter be called "nonconforming uses and structures." The lawful use of any structure or land existing at the time of enactment of this Zoning Bylaw may continue, except as otherwise provided.
A.
It is the intention of this Zoning Bylaw that this
article shall be construed against the perpetuation, extension, increase
or change of nonconforming uses and structures.
B.
An increase in the nonconforming nature of a structure
for the purposes of this article will result when the portion added
to the structure violates any provision of this Zoning Bylaw applicable
at the time of application for the building permit required for such
addition. An increase will not result from a mere replacement, without
undue delay, of a nonconforming portion. (Example: Any extension to
an existing porch, which porch is totally beyond the permissible side
lot line requirement before said proposed extension, would constitute
an increase in the nonconforming nature of a structure whether the
extension was toward the side lot line or parallel to the side lot
line, although the closest point of the porch would be no closer to
the lot line.)
C.
ALTERATION
EXTENSION
NONCONFORMING STRUCTURE, BUILDING OR LOT
NONCONFORMING USE
SUBSTANTIALLY MORE DETRIMENTAL
Definitions.
Shall be defined as any construction, reconstruction or other
action resulting in a change in the structural parts or height, number
of stories or exits, size, use or location of land, a building or
other structure.
Shall include without limitation the following: any increase
in physical size, intensity of use or hours or periods of operation.
[Amended 11-6-1978 ATM by Art. 12, approved 2-6-1979]
Shall be defined as a structure, building or lot that does
not conform to a dimensional regulation prescribed by this Zoning
Bylaw for the district in which it is located or to regulations for
signs, off-street parking, off-street loading, or accessory buildings,
but which structure, building or lot was in existence at the time
the regulation became effective and was lawful at the time it was
established.
Shall be defined as a use of a structure, building or lot
that does not conform to a use regulation prescribed by this Zoning
Bylaw for the district in which it is located, but which use was in
existence at the time the use regulation became effective and was
lawful at the time it was established.
Shall be defined as observable and definably more objectionable
to the neighborhood.
A.
A special permit by the Zoning Board of Appeals shall be required for any reconstruction, alteration, increase, extension or change of a nonconforming use or structure except as provided in Subsection D.
B.
No special permit required by Subsection A pertaining to a nonconforming structure shall be granted unless there has been a finding by the Zoning Board of Appeals that the contemplated reconstruction, alteration, increase, extension or change will not be substantially more detrimental to the neighborhood than the existing nonconforming structure. Such reconstruction, alteration, increase, extension or change shall be in conformity with dimensional and density requirements not previously violated.
C.
No special permit required by Subsection A with respect to nonconforming use shall be granted unless there has been a finding by the Zoning Board of Appeals that the use to be substituted will be less objectionable than the prior use.
D.
Single- or two-family residential buildings may be
reconstructed, altered, extended or structurally changed for continued
single- or two-family use providing there is a determination by the
Building Inspector that such reconstruction, alteration, extension
or structural change in no way increases the nonconforming nature
of said structure.
E.
Any nonconforming structure, or portion thereof, which
has been reconstructed, altered, extended or structurally changed
so as to become conforming shall thereafter be subject to all the
provisions of this Zoning Bylaw.
F.
Any nonconforming use which has been changed to a
permitted use shall thereafter be subject to all the provisions of
this Zoning Bylaw.
Any nonconforming lot which has come into conformity
shall not again be changed to a nonconforming lot.
A.
A nonconforming structure, or portion thereof, which
has been declared to be unsafe by the Building Inspector may be considered
abandoned unless an application for a building permit to reconstruct
is filed within one (1) year of said determination.
B.
Nonconforming uses or structures which have not been
used for a period of two (2) years of more, or which have been abandoned
shall thereafter be subject to all the provisions of this Zoning Bylaw.
A part of a lot shall not be added to another
lot so as to result in a nonconformity or increase in nonconformity
of the lot reduced in size.
Any off-street parking or loading spaces, if
already equal to or less than the number required to serve their intended
use, shall not be further reduced in number.
