After August 17, 1991, pre-existing structures or lots of record and existing and lawful uses of any building or land which does not meet the minimum requirements of this chapter for the district in which they are located or which would be prohibited as new development in the district in which they are located shall be considered as nonconforming. It is the intent of this chapter to permit these nonconforming uses to continue until they are removed, discontinued, or destroyed, but not to encourage such continued use, and to prohibit the expansion of any nonconformance.
(1) Substandard lots of record and structures. Any lot of record or structure existing at the time of adoption of this chapter, which does not meet one or more of the minimum requirements of this chapter for the district in which it is located, shall be subject to the following exceptions and modifications:
a. Adjoining lots. When two or more adjoining lots with continuous frontage are in one ownership at any time after the adoption of this chapter, and such lots individually are less than the minimum square footage required in the district in which they are located, then such group of lots shall be considered as a single lot or several lots of minimum permitted area and width for the district in which located.
b. Lot not meeting minimum lot size requirements. Except as set forth in this chapter, in any district in which single-family dwellings are permitted, any lot or record existing at the time of the adoption of this chapter which has dimensions which are less than required by this chapter may be used as a building site for a single-family dwelling providing the lot area and width are not less than 80 percent of the requirements in the district. If the lot is smaller or narrower, a variance may be requested of the planning board.
c. Yard requirements modified. Except as set forth in subsection (1)a of this section, where a lot has width or depth less than that required in the district in which it is located, the zoning official shall be authorized to reduce the yard requirements for such lot by not more than 20 percent. Additional or other forms of yard modification may be permitted with a variance granted by the planning board.
d. Enlargement of nonconforming structures. Any building which is nonconforming solely because of its encroachment in a required yard area may be extended in any lawful manner that does not further encroach in that yard.
(2) Nonconforming uses of buildings. The nonconforming use of a building may be extended throughout the building provided no structural alterations, except those required by law or ordinance or ordered by an authorized officer to secure the safety of the building, are made therein but no such use shall be extended to occupy any land outside such building. If the nonconforming use of such building is discontinued for a continuous period exceeding 180 days, every future use of such premises shall be in conformity with the provisions of this chapter; provided that this provision shall not apply to any nonconforming commercial or industrial use which normally operates less than 90 calendar days in any given calendar year. The nonconforming use which normally operates less than 90 calendar days in any given year (i.e., seasonal operation) shall not be resumed after 365 days have passed without operation. This provision shall not prevent the restoration of a nonconforming building, or a building used for nonconforming use which has been destroyed to the extent of not more than 50 percent of its replacement value, but only if such building is restored within one year of the date of its destruction.
(3) Nonconforming uses of land. The nonconforming use of land shall not be enlarged or increased, nor shall any nonconforming use be extended to occupy a greater area of land than that occupied by such use at the time of the passage of this chapter. If any nonconforming use of land, other than for the location of a mobile home or mobile office is discontinued for a continuous period exceeding 120 days, any future use of land shall be in conformity with the provisions of this chapter. If the nonconforming use of land for location of a mobile home or mobile office is discontinued, either by destruction of the mobile home or by removal thereof, any further use of land shall be in conformity with the provisions of this chapter except as provided in subsection (1)d. of this section.
(Ord. No. 29, §§ 11.1--11.3, 8-17-1991; Ord. No. 2021-0607, § 1, 6-28-2021)