Subject to the limitations and restrictions set forth in this article, nonconforming uses and nonconforming buildings and structures may be continued. (See article II for definitions of "nonconforming use" and "nonconforming building or structure".)

(Ord. of 3-27-89, § 15-191)

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

(Ord. of 3-27-89, § 15-192)

No nonconforming use shall be extended, enlarged or moved so as to occupy a different or greater area of land, buildings or structures than was occupied by and actively devoted to such use at the time it became nonconforming, provided that a nonconforming use of a building or structure may be extended throughout those parts of the building or structure which were manifestly arranged, designed and intended for such use at the time it became nonconforming.

(Ord. of 3-27-89, § 15-193)

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

(Ord. of 3-27-89, § 15-194)

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

(Ord. of 3-27-89, § 15-195)

A nonconforming building or structure, but not a building or structure devoted to a nonconforming use and subject to the provisions of section 70-414, may be enlarged, extended or structurally altered, provided that such enlargement, extension or structural alteration does not increase the degree or extent of any nonconforming feature of the building or structure in any respect. Any increase in the height of a building or structure or portion thereof which is nonconforming with regard to any yard requirement, shall be deemed to be an increase in the extent of the nonconforming yard feature of the building or structure.

(Ord. of 3-27-89, § 15-196)

(a)

Whenever a nonconforming building or structure or a building or structure devoted to a nonconforming use is damaged by any cause whatsoever to the extent of more than 60 percent of its most recent assessed taxable value, such building or structure shall not be restored, repaired or reconstructed except in conformance with the applicable provisions of this chapter, provided that the board of zoning appeals shall have the authority to grant a special exception under the provisions of article VI of this chapter for the restoration, repair or reconstruction of such building or structure to an extent that does not constitute any greater deviation from the provisions of this chapter than that which existed prior to the damage. Prior to granting any such special exception, the board shall receive testimony and make a finding that restoration, repair or reconstruction of the building or structure will not unreasonably impair light and air to adjoining property, will not impair established property values in the immediate area and will not otherwise be detrimental to the health, safety and general welfare of the public. In the case of restoration, repair or reconstruction of a building or structure devoted to a nonconforming use, the board shall, in addition to the foregoing criteria, make a finding that the continued operation of such nonconforming use is in the public interest and is reasonably necessary for the welfare and convenience of the general public.

(b)

Whenever a nonconforming building or structure or a building or structure devoted to a nonconforming use is damaged to an extent of 60 percent or less of its most recent assessed taxable value, such building or structure may be restored, repaired or reconstructed and may be used as before the time of damage, provided that such restoration, repair or reconstruction does not increase the degree or extent of any nonconforming feature that existed prior to the damage and does not increase the area devoted to any nonconforming use. Such restoration, repair or reconstruction shall be substantially completed within 24 months of the date of damage.

(Ord. of 3-27-89, § 15-197)

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

(Ord. of 3-27-89, § 15-198)

The zoning administrator shall have the authority to determine whether a nonconforming use or a nonconforming building or structure exists in accordance with the provisions of this chapter. 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 VI of this chapter.

(Ord. of 3-27-89, § 15-199)