A use, building or structure, lawfully in existence at the effective
date of this ordinance, which shall be made nonconforming at the passage
of this ordinance or any applicable amendment thereto, may be continued
except as otherwise provided in this article. Any nonconforming use,
building, structure or lot may change ownership and continue to function
as the same nonconforming use, building, structure or lot, provided
that all other conditions of this article are met.
No existing building or premises devoted to a nonconforming
use shall be enlarged, extended, reconstructed, substituted or structurally
altered except when changed to a conforming use, or when required
to do so by law, and except as follows:
Any nonconforming use or structure damaged by fire, casualty
or act of God may be repaired and used as before, provided that the
floor area of such use, building or structure shall not exceed the
floor area or building volume which existed prior to such damage.
All repairs shall be completed within one year after damages occur
or such use shall not be rebuilt except as a conforming use. In the
event total destruction occurs or the Building Inspector authorizes
the resumption of said use or rebuilding of said structure, then the
provisions of Section 9.300 shall apply.
a.
Normal maintenance repair and incidental alteration of a structure
containing a nonconforming use are permitted, provided they do not
extend the area or volume of space occupied by the nonconforming use.
b.
A building or other structure containing residential nonconforming
uses may be altered in any way to improve interior livability. No
alterations may be made which would increase the number of dwelling
units.
When a nonconforming use or structure is destroyed or damaged
beyond repair, and the owner or tenant of said use or structure desires
to rebuild for any reason, the Planning Board may authorize such rebuilding
if the rebuilding would not constitute a substantial enlargement of
the use and if the rebuilding would provide better aesthetics, higher
setbacks or assist in alleviating existing nuisance characteristics.
A nonconforming use shall be considered abandoned and may not
be revived.
Any nonconforming use or structure which has been changed to
a conforming status shall not be revived as a nonconforming use.
If a nonconforming use has been abandoned or converted to a
permitted use, the subsequent uses shall only be those permitted in
that zoning district.
