Every structure or use not conforming to the
regulations of the district in which it is located at the time of
adoption of this chapter shall be a nonconforming structure or use.
Any such nonconforming structure or use may be continued subsequent
to adoption of this chapter, but no structure may be enlarged or altered
in a way that increases its nonconformity, and no use shall be enlarged
or increased to occupy a greater area of land.
Nonconforming structure and/or use rights, subject to the provisions of this Article IX, remain with the land when title is transferred.
Any mobile home that is so situated as not to
conform to the terms of this chapter shall not be replaced on its
site by any other nonconforming mobile home.
A nonconforming use may not be changed to another
nonconforming use.
A nonconforming structure or a structure associated
with a nonconforming use may be reconstructed or altered during its
life to an extent of an aggregate cost of 50% of the assessed value
of such structure, provided that no extension or enlargement of the
nonconformity results.
A.
A nonconforming structure or use is terminated and
may not then be altered, rebuilt or resumed except in conformity with
the regulations for the district in which it is located if:
(1)
It has been changed to a conforming structure or use;
(2)
A nonconforming use has been abandoned for any length
of time without an intent to be resumed;
(3)
A nonconforming use has been discontinued for any
reason for a consecutive period of six months or for 18 months during
any three-year period; or
(4)
A nonconforming structure or a structure associated
with a nonconforming use has been destroyed by any means to the extent
of 75% or more of either its value or its bulk.
[Amended 11-23-2015 by L.L. No. 5-2015]
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure declared unsafe by the Code Enforcement Officer unless such restoration will violate § 150-59A(4) above.
Nothing contained in this chapter shall require
any change in plans, construction or designated use of a structure
for which a building permit was issued more than 30 days prior to
the adoption of this chapter and the construction of which is begun
within three months after such adoption and thereafter diligently
carried on.
Whenever an area is transferred from a district
of one classification to a district of a different classification,
the above regulations shall apply to nonconforming uses created by
such transfer.
