A.

The lawful use of any structure or land existing at the time of the adoption of these regulations may be continued, although such use does not conform to the provisions of these regulations, provided that the following conditions are met:

(1)

Construction approved prior to regulations. Nothing herein shall require any change in plans, construction or designated use of a structure for which a building permit has been issued and the construction of which has been diligently carried on since the issuance of such permit.

(2)

Alterations. A nonconforming structure may be maintained and repairs may be made thereon, except that in a structure which is nonconforming as to use regulations, no structural alterations shall be made except those required by law. Such repairs as plumbing installations or the changing of partitions or other interior alterations shall be permitted after appropriate and necessary permits are obtained from the Building Department.

(3)

Extensions. Structures or uses of land which are nonconforming shall not be extended or enlarged, nor shall any such use be extended so as to occupy additional land area on the same or any other lot or parcel.

(4)

Restorations. A nonconforming structure which is hereafter damaged or destroyed in excess of 51% or more of its assessed value by deterioration, flood, fire, explosion, earthquake, war, riot or act of God may not be reconstructed or restored for use except in compliance with the requirements of these regulations.

(5)

Additions to structures nonconforming in setbacks only. Where structures are nonconforming in setbacks only, due to the provisions of the zoning regulations in existence prior to the adoption of this code or the acquisition of a public right-of-way, and such structures were given a land use clearance under the provisions of any zoning regulation in existence prior to the adoption of this code, additions may be made to such structures, provided that the nonconforming setback is not reduced and all other setbacks shall meet the requirements of the regulations in existence prior to the adoption of this code.

(6)

Unsafe structures. Any structure or portion thereof declared unsafe by any appropriate official of the city, county or state shall be restored to a safe condition or, alternatively, shall be abandoned as a use when such direction shall be given by the Planning Board.

(7)

Discontinuance of nonconforming uses upon abandonment of nonconforming use. A nonconforming use of land or of a structure which has been vacated or abandoned for 90 days shall not thereafter be occupied by any nonconforming use.

(8)

There may be a change in tenancy, ownership or management of a nonconforming use provided that there is no change in the nature or character of the use to increase the degree of nonconformity.

(9)

Conformity of future uses upon abandonment of nonconforming use. When a nonconforming use of land has been abandoned, its future use shall conform to the uses permitted in the district in which said land is located.

B.

Subsection A(2), (3) and (4) of this section shall not apply to any construction, structural alteration, extension, addition or repair where such construction, etc., as proposed, would convert a nonconforming use into a use which conforms with all the pertinent requirements of these regulations.

(Amended 7-18-2022 by Ord. No. 2022-10, § 1)