[Amended 9-12-2022]
Any nonconforming use of land, a building, structure, or premises
may be continued or changed, and any nonconforming building or structure
may be reconstructed and/or repaired, subject to the following:
A. No nonconforming use may be changed to a different use without the
approval of the Zoning Board of Appeals. Approval for a change to
another nonconforming use shall not be granted unless the Board finds
that the new use will be less nonconforming than the existing use
and that the new use will be less intensive than the prior use. "Less
intensive" means that the new use will meet one or more of the following
criteria: total space occupied, hours of operation, required parking,
number of employees, impact on the surrounding area, and impact on
public health, safety and convenience.
[Amended 9-12-2022]
The applicable requirements of these regulations pertaining
to minimum gross lot area, net buildable lot area, and minimum lot
width shall not prevent the construction of an otherwise permitted
building or structure or the establishment of an otherwise permitted
use on a lot which:
A. On July 9, 1954, contained less than one acre or a frontage of less
than 150 feet upon a public or private way;
B. Or any lot which on December 18, 1964, contained one or more acres
but less than the minimum gross lot area at any time thereafter prescribed
by the Commission for the district in which such lot is situated;
C. Or any lot which on July 15, 1989, contained the minimum gross lot
area for the district in which such a lot is situated but contains
a minimum net buildable area less than 14,000 square feet;
D. Or any lot which on June 30, 1993, contained a minimum gross lot
area for the district and a minimum net buildable area of 14,000 square
feet,
provided that continuously after the respective dates above
mentioned, such lot was owned separately from any adjoining lot, and
further provided that no dwelling or other building containing human
habitation shall be constructed on any lot less than 15,000 square
feet in area.
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Nothing in this article shall require any change of the plans,
construction or designated use of a building, the construction of
which shall have been commenced prior to the effective date of these
regulations or of any pertinent amendment thereto and which shall
be completed within one year thereafter.