A.
Purpose. The purpose of this section is to reduce or minimize impacts
of buildings which do not conform to the Bulk Table or other dimensional
regulations of this chapter.
B.
A building lawfully existing on July 11, 1990 (the day immediately
preceding the effective date of the Town predecessor to this chapter),
or lawfully existing on the day immediately preceding the effective
date of any amendment to this chapter affecting such building, regardless
of change of title, possession or occupancy or right thereof, may
be continued indefinitely, subject to the following:
(1)
Such nonconforming buildings may be remodeled or reconstructed provided
that such action does not create any new noncompliance or increase
the degree of noncompliance in accordance with the permitted Bulk
Table and other dimensional regulations of this chapter. An increase
in the degree of noncompliance shall include, but not be limited to,
the following:
(a)
The lateral extension of the building, even where the distance
of that building to the property line remains the same.
(b)
An upward expansion of the building, or the infilling of open-air
space (such as a porch), even at the same dimension as an existing
setback noncompliance (because such an expansion necessarily increases
the mass or volume of the noncompliance).
(2)
Reconstruction of a damaged nonconforming building.
(a)
A nonconforming building (whether housing a conforming or a
nonconforming use) which has been damaged by fire or other causes
to the extent of more than 50% of its fair market value shall not
be repaired or rebuilt unless such building is made to conform to
the height and yard requirements of the Bulk Table and other dimensional
regulations of this chapter.
(b)
Application for a permit to repair or rebuild a nonconforming
building damaged 50% or less shall be filed within one year of the
day of such damage. If such permit is issued, it shall expire two
years thereafter at which time all work must be completed or a certificate
of occupancy shall not be issued.
(3)
Repairs and maintenance. Consistent with the foregoing regulations,
nothing in this article shall be deemed to prevent normal maintenance
and repair of any nonconforming building.
(4)
The reduction in square footage of a nonconforming building shall
be permitted unless, in the Building Inspector's opinion, special
circumstances exist which are likely to cause adverse environmental
impacts, in which case the applicant shall obtain a special permit
from the Zoning Board of Appeals.