Continuation. Any nonconforming use which existed
lawfully at the time of adoption of this article may be continued,
subject to the following provisions.
Expansion. A nonconforming use shall not be enlarged
or extended beyond the area of the existing structure in which the
use is located, which structure existed prior to adoption of this
article, unless granted a use variance from the Zoning Board of Appeals
and, if required by the terms of the area variance granted, site plan
review by the Planning Board. In addition to dimensional criteria,
expansion of a nonconforming use shall be considered as occurring
whenever the magnitude or intensity of the preexisting nonconforming
use increases in volume or activity as evidenced by hours of operation,
amounts of employees, deliveries, amounts of customers, additional
parking requirements and similar material changes in circumstances
which magnify the volume of the nonconforming use.
Extension. A nonconforming use which existed prior
to adoption of this article may be extended within any portion of
an existing structure in which it is located, and the same shall not
be deemed an expansion of such nonconforming use; however, any extension
of such nonconforming use shall require site plan approval from the
Planning Board.
Modification. A nonconforming use shall not be changed
to any other nonconforming use; nor shall a nonconforming use be modified
in a way that increases its nonconformity unless such modification
results in a use of the same or a less nonconforming nature, and then
only with prior site plan approval by the Planning Board.
Discontinuance. If a nonconforming use is discontinued
for a period of 12 consecutive months, such nonconforming use shall
expire and be deemed abandoned; and any subsequent use on the same
lot shall conform to the regulations of the district in which it is
located.
Destruction and restoration. If any building or structure
in which a nonconforming use is conducted is hereafter removed, or
destroyed by fire, wind, explosion, structural failure or other natural
cause, to the extent of 75% or more of its fair market value at the
time of such damage, any reconstruction or restoration of such building
or structure for such nonconforming use must be completed within one
year of the issuance of a valid building permit.
Any building or structure, for which a valid building
permit was lawfully issued prior to the adoption of this article,
may be completed and used in accordance with the plans and specifications
for such building or structure.
A nonconforming building or structure shall
be maintained in such condition as will not constitute a danger to
the health, safety, or general welfare of the public.
A nonconforming building or structure shall
not be added to, enlarged, reconfigured or altered in any manner or
in a way which increases its overall size, in any dimension or in
any direction. All such modifications require an area variance from
the Zoning Board of Appeals and, if required by the terms of the area
variance granted, site plan review by the Planning Board.
Resort hotels, rental cottages and group camps
shall not be converted to single-family residences, condominiums,
cooperatives or other nonseasonal occupancy except through site plan
review. Said conversion, when made, must conform to the provisions
of this article.
Replacement. A nonconforming building or structure
may be replaced or rebuilt on its identical footprint, within 24 months
after its removal, so long as it is not added to, enlarged, reconfigured
or altered in any manner or in a way which increases its overall size,
in any dimension or in any direction. After 24 months, such nonconforming
structure may not be rebuilt on the same footprint but must conform
to the regulations of the district in which it is located.
No new principal building may be created on any nonconforming lot, except in accordance with § 200-54, General exception to minimum lot area requirements.
Buildings and structures located on nonconforming
lots may be moved, expanded, enlarged or replaced as long as such
change complies with all of the regulations of the district in which
it is located.