All nonconforming lots, uses, structures or
combination of nonconforming uses of land or structures shall conform
with the provisions of this article.
When at the effective date of adoption or amendment
of this chapter lawful use of land exists that is made no longer permissible
under the terms of this chapter, such use may be continued so long
as it remains otherwise lawful, subject to the following provisions:
A. No such nonconforming use shall be enlarged or increased
nor extended to occupy a greater area of land than was occupied at
the effective date of adoption or amendment of this chapter.
B. No such nonconforming use shall be moved in whole
or in part to any other portion of the lot or parcel occupied by such
use at the effective date of adoption or amendment of this chapter.
C. If such nonconforming use of land ceases for any reason
for a period of more than six months, any subsequent use of such land
shall conform to the regulations specified by this chapter for the
district in which such land is located.
Where a lawful structure exists at the effective
date of adoption or amendment of this chapter that could not be built
under the terms of this chapter by reason of restrictions on area,
lot coverage, height, yards, or other characteristics of the structure
or its location on the lot, such structure may be continued so long
as it remains otherwise lawful, subject to the following:
A. No such structure may be expanded in a way which increases
its nonconformity. A nonconforming structure may be expanded if the
addition(s) conform(s) with all Zoning Ordinance requirements for
the district in which the structure is located.
B. Should such structure be destroyed by any means to
an extent of more than 50% of its replacement value, it shall not
be reconstructed except in conformity with the provisions of this
chapter.
C. Should such structure be moved for any reason, it
shall thereafter conform to the regulations for the district in which
it is located after it is moved.
D. A nonconforming structure may be altered to decrease
its nonconformity, subject to issuance of necessary permits in accordance
with § 515-116.
If a lawful use of a structure or of structures
and land in combination exists at the effective date of adoption or
amendment of this chapter that would not be allowed in the district
under the terms of this chapter, the lawful use may be continued so
long as it remains otherwise lawful, subject to the following provisions:
A. No existing structure devoted to a use not permitted
by this chapter in the district in which it is located shall be enlarged,
extended, constructed, reconstructed, moved or structurally altered
except to accommodate a change in the use of the structure to a use
permitted in the district in which it is located.
B. Any nonconforming use may be extended throughout any
parts of a building which were manifestly arranged or designed for
such use, and which existed at the time of adoption or amendment of
this chapter, but no such use shall be extended to occupy any land
outside such building.
C. If no structural alterations are made, any nonconforming use of a structure or structures and premises may be changed to another nonconforming use, provided that the Board of Appeals, by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Appeals may require appropriate conditions and safeguards in accord with the purpose and intent of this chapter in conformance with §
515-189.
D. Any structure or structure and land in combination
in or on which a nonconforming use is superseded by a permitted use
for any period of time shall thereafter conform to the regulations
for the district in which such structure is located, and the nonconforming
use may not be resumed.
E. When a nonconforming use of a structure or structure
and premises in combination is discontinued or ceases to exist for
six consecutive months, the structure or structure and premises in
combination shall not thereafter be used except in conformance with
the regulations of the district in which it is located. Structures
occupied by successive constant seasonal uses shall be excepted from
this provision.
F. Where nonconforming use status applies to a structure
and premises in combination, removal or destruction of the structure
shall eliminate the nonconforming status of the land.
Nothing in this chapter shall be deemed to require
a change in the plans, construction or designated use of any building
on which actual construction was lawfully begun prior to the effective
date of adoption or amendment of this chapter and upon which actual
building construction has been diligently continued. Actual construction
is hereby defined to include the placing of construction materials
in a permanent manner; except that, where demolition or removal of
an existing building has been substantially begun preparatory to rebuilding,
such demolition or removal shall be deemed to be actual construction,
provided that work shall be diligently carried on until the completion
of the building involved.
Special land uses which are approved by the
Planning Commission as provided in this chapter shall not be deemed
a nonconforming use.
There may be a change of tenancy, ownership
or management of any existing nonconforming uses of land, structures
and premises, provided there is no change in the extent, size, nature
or character of such nonconforming uses.