Within the zoning districts established by these
regulations or by amendments that may later be adopted, there exist
lots, uses and structures which were lawful at the time these regulations
were adopted or amended but which would be prohibited, regulated or
restricted under the provisions of these regulations or future amendments.
Such lots, uses and structures are declared by these regulations to
be nonconforming. It is the intent of these regulations to permit
these nonconformities to continue until they are removed but not to
encourage their survival. It is further the intent of these regulations
that nonconformities shall not be enlarged, expanded or extended nor
be used as a basis for adding other structures or uses prohibited
elsewhere in the same zone.
A.
Nonconforming uses are declared by these regulations
to be incompatible with permitted uses within the zoning districts
where they are located. After the effective date of adoption or amendment
of these regulations, a nonconforming use, a nonconforming structure
or a nonconforming use of a structure and land in combination shall
not be enlarged or expanded.
B.
Nothing in these regulations shall be deemed to require
a change in the plans, construction or designated use of any building
on which actual construction was lawfully begun prior to the effective
date of adoption or amendment of these regulations and upon which
actual building construction has been carried on diligently. "Actual
construction" is hereby defined to include the placing of construction
materials in permanent position and fastened in a permanent manner.
Where excavation or demolition or removal of an existing building
has been substantially begun preparatory to rebuilding, such excavation
or demolition or removal shall be deemed to be actual construction,
provided that work shall be carried on diligently.
In any zoning district, a principal building
and customary accessory buildings may be erected on a lawful lot existing
as of the effective date of adoption or amendment of these regulations.
This provision shall apply even though such lot fails to meet the
lot area requirements or developable area of the zoning district in
which such lot is located, provided that the setbacks and requirements
other than those applying to lot area and/or developable area shall
conform to the requirements of the district in which such lot is located.
Nothing herein shall permit the construction of any buildings on a
lot or parcel of land which does not have frontage along a street.
Where a lawful use exists at the effective date
of adoption or amendment of these regulations, which use is no longer
permitted under these regulations as adopted or amended, such use
may be continued so long as it remains otherwise lawful, subject to
the following provisions:
A.
Such nonconforming use shall not be enlarged to occupy
a greater floor area, a greater bulk or greater area of land than
was occupied at the effective date of adoption or amendment of these
regulations.
B.
Such nonconforming use shall not be moved in whole
or in part to any other portion of the land.
C.
If such nonconforming use is substituted by a permitted
use, it shall thereafter conform to the requirements of the zone in
which it is located, and the nonconforming use shall not thereafter
be resumed.
Where a lawful structure exists at the effective
date of adoption or amendment of these regulations which could not
be built under the provisions of these regulations as enacted or amended
by reason of restrictions on area, lot coverage, height, yards, its
location on the lot or other requirements concerning the structure,
such structure may be continued so long as it remains otherwise lawful,
subject to the following provisions:
A.
Any nonconforming building or structure which does
not contain a nonconforming use may be structurally altered, provided
that no other zoning regulations are violated and that the nonconformity
is not increased in any manner.
B.
If such nonconforming structure is damaged or destroyed
by fire, explosion, act of God or by public enemy, it may be repaired
or replaced to an extent which does not increase the nonconformity.
Such repair or replacement shall commence within one year after the
damage or destruction occurs and shall be completed within two years
of commencement. If such repair or replacement is not accomplished
within such time periods, the structure shall be reconstructed in
conformity with the requirements of the zone in which it is located.
C.
If such structure is moved for any reason for any
distance whatsoever, it shall thereafter conform to the requirements
of the zone in which it is located after it is moved.
[Amended 1-4-2019]
Where a lawful use of a structure and land in combination exists
at the effective date of adoption or amendment of these regulations
which is no longer permitted under the provisions of these regulations
as enacted or amended, such lawful use may be continued so long as
it remains otherwise lawful, subject to the following provisions:
A.
Any existing structure devoted to such nonconforming
use shall not be enlarged, extended, constructed, reconstructed, moved
or structurally altered in a manner which increases the nonconformity,
except to change the use of the structure to a use permitted in the
zone in which it is located.
B.
Any nonconforming use of a part of a structure may not be extended
to any other part thereof, and no such use shall be extended to occupy
any land outside the structure.
C.
A nonconforming use may be changed only to a conforming use. Whenever
a nonconforming use has been changed to a conforming use it shall
not thereafter be changed to a nonconforming use.
