Any structure lawfully erected and existing
and any use lawfully being made of land or buildings which do not
conform to this chapter, as adopted or as amended, may be continued
to the same extent and for the same purpose but shall not be expanded
or altered, except in conformance with this chapter. This exemption
shall include buildings, structures and uses authorized by a building
or special permit issued prior to the publication of the first hearing
notice for an amendment to this chapter which would make them nonconforming,
provided that the construction or use under such a permit is commenced
within six months after the permit is issued and, in case of construction,
is continued to completion in a reasonably expeditious manner.
[Amended 4-10-2000 ATM by Art. 55]
A.
Nonconforming structures or uses shall not be extended or altered, except to make them conforming, unless the Board of Appeals authorizes such extension or alteration by special permit upon making findings as provided in § 174-9E.
B.
Single-family and two-family residential structures. In the following
circumstances, alterations, reconstruction, extension or structural
change to a single-family or two-family residential structure shall
not be considered an increase in the nonconforming nature of the structure
and shall be permitted as of right:
[Amended 10-7-2013 STM by Art. 9]
(1)
Alteration to a structure which complies with all current setbacks,
lot coverage and building height requirements but is located on a
lot with insufficient area, where the alteration will also comply
with all of said current requirements;
(2)
Alteration to a structure which complies with all current setbacks,
lot coverage and building height requirements but is located on a
lot with insufficient frontage, where the alteration will also comply
with all of said current requirements;
(3)
Alteration to a structure which encroaches upon one or more required setbacks, where the alteration will comply with all current setbacks, open lot coverage and building height requirements. The provisions of this Subsection B(3) shall apply regardless of whether the lot complies with current area and frontage requirements.
No structure damaged by fire or other causes
to the extent of more than 75% of its assessed valuation shall be
repaired or rebuilt, except in conformity with this chapter; provided,
however, that the provisions of this section shall not apply to a
dwelling or to a garage or other accessory structure incidental to
the use of such dwelling for human habitation which was in conformity
with the existing law at the time said structure was erected.
[Amended 4-14-1986 ATM by Art. 41]
A nonconforming use, including a nonaccessory
sign, if discontinued for a period of two or more years or abandoned
shall not be reestablished, and any future use of the structure or
premises shall conform to this chapter.
Once changed to a conforming use, no structure
or land shall be permitted to revert to a nonconforming use.
Structures damaged by fire or other accident or natural catastrophe to an extent of less than 75% of the assessed valuation preceding such damage may be rebuilt or restored to the same dimensions and in the same location as before the damage, but shall not be enlarged, altered or relocated except upon the issuance of a special permit as provided in § 174-19.
