The intent of this article is to recognize lots, structures
and uses of land and structures which legally existed prior to the
enactment or subsequent amendment of this chapter which would be prohibited
or unreasonably restricted by the requirements herein. All rights
of nonconformity shall continue regardless of the transfer of ownership
of nonconforming lots, structures or uses.
Any lot held under separate ownership prior to the enactment
or amendment of this chapter, and having a width, depth or area less
than the minimum requirements set forth in this chapter, may be developed
for any use allowed in the zone in which it is located, provided that
such lot has sufficient width, depth and area to undertake development
which will:
No structure which by the enactment or amendment of this chapter is made nonconforming or placed in a nonconforming situation with regard to yard sizes, lot coverage, height or any requirement of this chapter, other than the use to which it is put, shall be changed so as to increase its nonconformity. If a structure is nonconforming as to use, see § 201-1240 below. Any such nonconforming structure may be used for any compatible use listed for the zone in which it is located.
Any use of land or structures which by the enactment or amendment
of this chapter is made nonconforming may be continued on the premises
and to the extent preexisting provided that:
A.
No nonconforming use other than single- and two-family dwellings
shall be increased in size so as to occupy a greater area of land
or floor area than was committed to the nonconforming use at the time
of such enactment or amendment;
B.
No nonconforming use which has for any reason been discontinued for
a period of one year or more shall be reestablished (this period may
be extended with Planning Board approval);
C.
A special use permit shall be required for any alteration or reconstruction
which is on the premises of a nonconforming multiple-family residential
or nonresidential use.
Any structure which is nonconforming as to use, yard sizes,
lot coverage, height or any other requirement of this chapter, which
is damaged or destroyed by fire or other hazard, may be repaired,
restored or reconstructed provided that such work is undertaken within
one year of the date on which the damage or destruction occurred (this
period may be extended with Planning Board approval). No such work
shall increase the nonconformity of the structure.
A.
A nonconforming manufactured home which has been removed from a premises
may be replaced with another manufactured home within 12 months of
the removal of the original manufactured home.
B.
A nonconforming manufactured home park shall not be expanded so as
to occupy a greater area of land, or so as to increase the number
of manufactured homes on the site.
