Subject to the limitations and restrictions set forth in this article, nonconforming uses and nonconforming buildings may be continued. A change in title or possession, or renewal of a lease, of any such nonconforming land, lot, building, or structure does not constitute a change affecting the continuance of the use.

(Ord. of 1-13-2003(2))

No building or portion thereof devoted to a nonconforming use shall be enlarged, extended, structurally altered, reconstructed or moved, unless such building or portion thereof is thereafter devoted to a use which conforms with the use regulations of this ordinance, provided that nothing in this article shall be construed to prohibit normal repair, maintenance, or nonstructural alteration of a building nor the alteration, strengthening or restoring of a building to safe condition as may be required by laws of the county or the commonwealth.

(Ord. of 1-13-2003(2))

A nonconforming use of land or of a building may be changed to a use which is more restricted by or which conforms with the use regulations of this ordinance, provided that such use shall not thereafter be changed to a less restricted use, except in conformance with the use regulations of this ordinance.

(Ord. of 1-13-2003(2); Ord. of 9-9-2019(2))

Editor's note— An ordinance adopted September 9, 2019, repealed the former § 3-382, renumbering §§ 3-383—3-387 as 3-382—3-386. The former § 3-382 pertained to extension of nonconforming uses and derived from an ordinance adopted on January 13, 2003. The historical notation remains with the renumbered provisions.

Whenever a nonconforming use of land or a nonconforming use of a building is discontinued for a period of 24 consecutive months or longer, whether or not equipment or fixtures are removed, any subsequent use of the land or building shall conform with the use regulations of the district in which it is located.

(Ord. of 1-13-2003(2); Ord. of 9-9-2019(2))

Editor's note— See the editor's note to § 3-382.

A building located in a limited business, general business, or industrial district and which is occupied by a nonconforming dwelling use may be enlarged, extended, structurally altered or reconstructed if damaged, subject to compliance with the applicable requirements of the district in which it is located.

(Ord. of 1-13-2003(2); Ord. of 9-9-2019(2))

Editor's note— See the editor's note to § 3-382.

A nonconforming building may be enlarged, extended or structurally altered, provided that such enlargement, extension or alteration does not increase the degree or extent of nonconformity in any respect.

Residential ramps and landings necessary for use by physically disabled persons may project into required yards a distance not exceeding 12 feet. The ramp and landing must be part of the accessible route to a private driveway.

(Ord. of 1-13-2003(2); Ord. of 9-9-2019(2))

Editor's note— See the editor's note to § 3-382.

Nonconforming buildings, dwellings and structures erected prior to August 12, 1986, with a state approved septic system and water supply may be relocated, replaced, or altered within the boundaries of a building lot and shall not be subject to current setback requirements. Such nonconforming buildings, dwellings and structures shall have setbacks equal to or greater than those at the original building date and site. Nonconforming buildings and structures may be relocated and/or replaced within the first 24 consecutive months from the date of damage, loss, discontinuance, or county building permit issuance.

(Ord. of 1-13-2003(2); Ord. of 9-9-2019(2))

Editor's note— See the editor's note to § 3-382.

The casual, intermittent, temporary or illegal use of land or buildings shall not be construed to establish the existence of nonconforming use for the purposes of this article.

(Ord. of 1-13-2003(2); Ord. of 9-9-2019(2))

Editor's note— See the editor's notes to §§ 3-382 and 3-388.

The zoning administrator shall determine whether a nonconforming use or a nonconforming building exists in accordance with the provisions of this ordinance. Appeals from any decision of the zoning administrator regarding such determination may be taken to the board of zoning appeals in accordance with the provisions of article 20 of this ordinance. The zoning administrator, may require a stamped and sealed site plan survey of the existing nonconforming building to determine current setbacks for the relocation, replacement, or alteration of such buildings.

(Ord. of 1-13-2003(2); Ord. of 9-9-2019(2))

Editor's note— An ordinance adopted September 9, 2019, repealed the former §§ 3-388 and 3-389, renumbering §§ 3-390—3-392 as 3-387—3-389. The former §§ 3-388 and 3-389 pertained to nonconforming building replacement and damage to nonconforming buildings respectively, and derived from an ordinance adopted on January 13, 2003. The historical notation remains with the renumbered provisions.

A lot of record lawfully established prior to August 12, 1986, which does not conform with the minimum lot area, frontage, setbacks, and/or minimum lot width requirements applicable in the district in which such lot is situated, may nonetheless be used for any use permitted in the district in which it is located, provided that all other applicable provisions of this ordinance and applicable health regulations shall be met. Any such lawfully established lot which is located within an "A" district and which does not conform with the minimum lot width requirements applicable in that district shall be provided with side setbacks of not less than 20 percent of the width of the lot.

(Ord. of 1-13-2003(2); Ord. of 9-9-2019(2))

Editor's note— See the editor's note to § 3-388.