Within the districts established by this chapter or amendments thereto, there exist lots, structures and uses of land and structures which were lawful before adoption of this chapter but which are prohibited, regulated or restricted under the terms of this chapter or an amendment. It is the intent of this chapter to permit any nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this chapter that nonconformities shall not be enlarged, expanded or extended and shall not be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
If two or more lots or combinations or portions of lots with continuous frontage in single ownership, regardless of separate deeds, are of record and if all or part of the lots do not meet the requirements for lot width and area as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of the parcel shall be used which does not meet lot width and area requirements established by this chapter, nor shall there be any division of the parcel.
Where a lawful use of land exists that is no longer permissible under the terms of this chapter, the same use may be continued. No such nonconforming use shall be enlarged, increased, intensified, extended to occupy a greater area of structure or land or moved in whole or in part to a different portion of the lot or structures thereon.
Structures and their uses that are nonconforming may be continued so long as they otherwise remain lawful but shall not be enlarged, expanded or altered except to become more in conformity with this chapter. Any replacement of a nonconforming structure shall conform to this chapter. Any nonconforming structure that is destroyed to an extent greater than 50% of its assessed value by fire or other natural or man-made disaster may be replaced, providing the height, FAR, coverage and yard setbacks are not expanded or further infringed upon. In addition, an application to replace a preexisting, nonconforming structure shall be made to the Planning Board, and the Planning Board shall consider, with the applicant, whether any of the previous nonconformances can be reduced as part of the rebuilding. The preexisting nonconforming structure may only be replaced with a conforming structure or the same preexisting, nonconforming structure. Changes from one nonconforming use to another are prohibited.
[Amended 10-14-1997 by Ord. No. 97:34]
A nonconforming structure, provided that the use of same is permitted in the district, may be enlarged, provided that said enlargement complies with all development regulations of the district.
A nonconforming residential use or structure may be expanded to provide additional living space, provided that the expansion does not infringe further upon any nonconforming setback dimension, and further provided that the number of units on site does not exceed the number permitted in the zone in which the site is located.
[Added 3-14-2000 by Ord. No. 2000:7]
When a nonconforming use is discontinued for six consecutive months or for 18 months during any three-year period, the structure and premises in combination shall be presumed to have been abandoned and shall not thereafter be used except in conformance with the regulations of the district in which it is located.