Nothing contained in this chapter shall require
any change in plans, construction or designated use of a building
or structure for which a building permit has heretofore been issued
and where actual construction has been commenced and is diligently
pursued pursuant thereto.
No nonconforming buildings shall be enlarged,
extended or increased, except that, in residential zones, a single-family
dwelling on a nonconforming lot may be enlarged, extended or increased
if:
A. Said enlargement, extension or increase by itself
conforms with all requirements of this chapter and the dimensions
and setback of said enlargement, extension or increase, when aggregated
with the existing building, do not create or increase any dimension
or setback violation of this chapter.
B. The area of said enlargement, extension or increase,
when aggregated with the area of the existing building, does not exceed
the maximum lot coverage standard permitted in the zone.
Normal maintenance of a nonconforming building
or structure or of a building or structure containing a nonconforming
use is permitted, including necessary repairs and incidental alterations,
provided that such repairs and alterations shall not increase the
degree of nonconformity of the building nor extend the nonconforming
use.
[Amended 4-1-1997 by Ord. No. O:97-11]
A. In the event that there is a cessation of operation
of any nonconforming use, the same shall be deemed to be an abandonment
of the nonconforming use upon the happening of the concurrence of
the following two factors:
(1) Some overt act or some failure to act which carries
a sufficient implication that the owner neither claims nor retains
any interest in the subject matter of the abandonment.
(2) An intention to abandon said nonconforming use.
B. Replacement of the nonconforming use with any other
use shall be deemed to act as an abandonment of the prior nonconforming
use.
C. Any subsequent exercise of such abandoned nonconforming
use shall be deemed a violation of the terms of this chapter.
Any permitted use located in a nonconforming
structure may continue in such structure in all aspects as if such
structure conformed to the provisions of this chapter. Any permitted
use may be replaced in whole or in part with any other permitted use,
provided that no major structural alterations or changes affecting
the exterior of such structure or extending or intensifying its nonconformity
will be permitted for such purpose.
A nonconforming use may be replaced by a permitted
use in a nonconforming structure under the same conditions.
A nonconforming use may be replaced by a more
nearly conforming use (as determined by the Board of Adjustment) but the area of land or building used for such new purpose may not be increased beyond that employed by the previous use. In determining whether a proposed new use is more or less nearly conforming than the preceding use, the Board of Adjustment shall consider its compatibility with the use of surrounding and nearby property, its influence on the neighborhood, and its consistency with the intent and purpose of this chapter as a whole with respect to any nuisance factor. (See §
625-3 for the definition of "nuisance factor.")