Building or structure nonconforming by dimension
Buildings or structures that are nonconforming by dimension are likely to cause overcrowding and congestion in the neighborhoods, contribute to unhealthy conditions and are contrary to the purposes of this chapter. Buildings or structures that are nonconforming by dimension cause disruption of the overall land use pattern of the town, inhibit present and future development of nearby properties and confer upon their owners a position of unfair advantage. It is intended that existing buildings or structures that are nonconforming by dimension shall not justify further departures from this chapter for themselves or for any other property in the neighborhood.
(1) Continuance. Nothing in this chapter shall prevent or be construed to prevent the continuance of the use of any building or structure nonconforming by dimension for any purpose to which such building or structure was lawfully established.
(2) Maintenance and repair. A building or structure nonconforming by dimension may be maintained and repaired except as otherwise provided in this section.
(3) Moving. A building or structure which is nonconforming by dimension shall not be moved in whole or in part to any other location on the lot on which it is located unless every portion of such building or structure is made to conform to all of the dimensional requirements of the zone in which it is located.
(4) Addition and enlargement. A building or structure nonconforming by dimension shall not be added to or enlarged in any manner, unless such addition or enlargement conforms to all of the dimensional regulations of the zone in which the building or structure is located; provided however, that in the R-80, R-40, R-20, R-15, and R-10 zones, where 50 percent of the structures on the same side of the street within the block or within 200 feet, whichever is greater, on each side of the structure in question have less than the required minimum front yard setback, then such structure may be added to or enlarged so as to bring the front yard setback to the average distance of the front yards of such neighboring structures, but shall in no case be less than 15 feet. In the R-6 zone, the setback shall be the average setback of the residential block. (See Table B, Dimensional Table, section 28-211.)
(5) Expansion. A conforming use within a building or structure which is nonconforming by dimension (other than by lot area per dwelling unit) may be expanded into any other portion of the building or structure which is unoccupied or unused.
(6) Intensification. A conforming use within a building or structure which is nonconforming by dimension may be intensified, provided that such intensification is in conformance with the use and lot area per dwelling unit regulations, if applicable, for the zone in which it is located.
(7) Change in use. A conforming use within a building or structure which is nonconforming by dimension may be changed to any other conforming use.
(8) Demolition. A building or structure nonconforming by dimension, if voluntarily demolished, shall not be reconstructed, unless it conforms with the dimensional regulations of the zone in which it is located. Such voluntary demolition shall be considered an abandonment of the use as set forth in subsection 28-218(9). If such building or structure is involuntarily demolished, destroyed or damaged, it may be repaired or rebuilt to the same size and dimension as previously existed.