Nonconformance
(a) Generally. A nonconformance is a building, structure, sign or parcel of land or use thereof, which was lawfully existing at the time of the adoption or amendment of this chapter, and not in conformity with the provisions of this chapter or amendment.
(b) Lawfully existing or established. A building, structure, sign or parcel of land or use thereof was lawfully existing or established if it was in existence prior to May 8, 1995, or was established in conformance with the zoning ordinance in effect at the time the use was first established. For the purposes of this chapter, the placement or use of a sign, with or without any other structure or use, is considered a use of land.
(c) Illegal nonconforming uses and structures. Any use or structure illegally established prior to the effective date of the ordinance from which this chapter derives or any amendment thereto shall not be granted legal nonconforming status.
(d) Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Nonconforming by dimension means a building, structure or parcel of land not in compliance with the dimensional regulations of this chapter. Dimensional regulations include all regulations of this chapter, other than those pertaining to permitted uses. A building, structure, parcel of land or use thereof not in compliance with the parking regulations of this chapter is also nonconforming by dimension. A lot that is not in compliance with the dimensional regulations of this chapter, including but not limited to those regulations for minimum lot size, lot width and lot frontage, is also nonconforming by dimension.
Nonconforming by dwelling units means a building or structure containing more dwelling units than are permitted by the use regulations of this chapter. A building or structure containing a permitted number of dwelling units by the use regulations of this chapter, but not meeting the lot area per dwelling unit regulations, shall be nonconforming by dimension.
Nonconforming by use means a use of land, building or structure which is not a permitted use in the zoning district in which it is located.
(e) Compliance with regulations. A building, structure or parcel of land nonconforming by more than one factor, such as by use, dimension, area or parking, shall comply with all regulations of this section.
(f) By variance or special use permit. A nonconforming building, structure, sign or parcel of land or the use thereof, which exists by virtue of a variance or special use permit (previously known as special exception) granted by the board shall not be considered nonconforming for the purposes of this section. Such building, structure, sign, parcel of land or use thereof shall be considered a use by variance or a use by special use permit, and any moving, addition, enlargement, expansion, intensification or change of such building, structure, sign, parcel of land or use thereof to any use other than a permitted use or other than in complete conformance with this chapter shall require a further variance or special use permit from the zoning board.
(g) Continuance of nonconformance. Nothing in this chapter shall prevent the continuance of a nonconforming use of any building or structure or the use of any building or structure nonconforming by dimension for any purpose to which such building was lawfully established.
(h) Maintenance and repair. A building or structure containing a conforming use or a building or structure conforming by dimension may be maintained and repaired, except as otherwise provided this section.
(i) Abandonment. If a nonconforming use is abandoned, it may not be reestablished. Abandonment of a nonconforming use shall consist of some overt act or failure to act, which indicates that the owner of the nonconforming use neither claims nor retains any interest in continuing the nonconforming use unless the owner can demonstrate an intent not to abandon the use. The involuntary interruption of a nonconforming use, such as by fire or natural catastrophe, does not establish the intent to abandon the nonconforming use. However, if a nonconforming use is halted for a period of one year, the owner of the nonconforming use will be presumed to have abandoned the nonconforming use, unless the presumption is rebutted by the presentation of sufficient evidence of intent not to abandon the use.
(Ord. No. 95-3, § 1, 5-8-1995; Ord. No. 98-7, 5-11-1998)