Any lawful building or structure or lawful use
of a building, structure or land or part thereof existing at the time
of the adoption of this chapter is not affected by this chapter to
the extent of the use existing at the time of adoption.
A.
No building or other structure nor any land shall
be used nor shall any building or other structure or part thereof
be erected or altered except in conformity with the provisions of
this chapter and any amendments thereof which apply to the district
in which the building, structure or premises shall be located; provided,
however, that this chapter shall not apply to the existing use of
any building or structure or of land to the extent to which it was
lawfully used at the time of the adoption of this chapter.
B.
This chapter shall apply to any change of use thereof and to any alteration of a building or structure when the same would amount to reconstruction, extension or structural change and to any alteration of a building or structure to provide for its use for a purpose or in a manner substantially different from the use to which it was put before alteration or for its use for the same purpose to a substantially greater extent. Preexisting nonconforming structures or uses may be extended or altered, provided that the City Council determines, by the grant of a special permit, that expansion or alteration of a nonconforming use or structure is not substantially more detrimental to the neighborhood than the existing nonconforming use, except that an alteration, reconstruction, extension or structural change of or to a lawful preexisting nonconforming single-family dwelling or two-family house shall be governed by § 650-58B(3), and subject, however, to the following provisions:
[Amended 3-18-2019 by Ord. No. 18/19-1007460C; 10-28-2019 by Ord. No. 19-1007673E]
(1)
Any nonconforming use or structure which has been
abandoned or not used for a period of two years or more shall lose
its protected status and be subject to this chapter, except in the
case of land used for agriculture, horticulture or floriculture for
a period of less than five years.
(2)
Such use is not enlarged to more than 25% of the floor
and ground areas of use existing at the time of adoption of the original
Zoning Ordinance, or any amendments thereto, except than any nonconforming
farm may be enlarged up to the total area owned by the nonconforming
farmer at the time of adoption of this chapter, and there shall be
no limit as to the expansion of farm buildings.
(3)
In case the use is destroyed or damaged by fire, explosion
or other catastrophe to not greater than 75% of the fair market value
of the building or structure, exclusive of foundation, based upon
replacement cost immediately prior to such damage, the structure or
use may be restored or rebuilt at the same location and used as previously,
provided that:
(4)
The building or structure is completed if a permit
for construction was granted prior to the adoption of this chapter
and construction is accomplished within two years after the date of
adoption of this chapter.
