Except as otherwise provided in this article, the lawful use
of land or buildings existing at the date of the adoption of this
chapter may be continued although such use or building does not conform
to the regulations specified by this chapter for the zone in which
such land or building is located; provided, however, that:
A. No nonconforming lot shall be further reduced in size.
B. No nonconforming building shall be enlarged, extended or increased
unless such enlargement would tend to reduce the degree of nonconformance.
(1) Exception if the nonconformance is an area setback, the structure
may be modified if the new construction shall conform to the setback
requirements stated in the Code, provided that the lot size conforms
to the 100 feet of minimum width and 200 feet of minimum depth, or
a minimum of 20,000 total square feet.
[Added 1-13-1998 by L.L. No. 2-1998]
C. No nonconforming use may be expanded.
A nonconforming use shall be considered abandoned when there
occurs a cessation of any use or activity by an apparent act or failure
to act on the part of the tenant or owner to reinstate such use within
a period of one year from the date of cessation or discontinuance.
Also a certificate of occupancy shall be required.
[Amended 6-10-1980]
Any building damaged by fire or other cause to the extent of
75% of true value which is nonconforming shall not be repaired or
used unless the building shall conform to the requirements of this
chapter. Nothing in this chapter shall prevent the strengthening or
restoring to a safe condition of any wall or roof which has been declared
unsafe by the Code Enforcement Officer.
No nonconforming use shall, if once changed into a conforming
use, be changed back again to a nonconforming use.
A nonconforming building may not be reconstructed or structurally
altered during its life to an extent exceeding in aggregate cost 50%
of the assessed value of the building unless said building is changed
to conform to the requirements of this chapter.
Whenever the boundaries of a district shall be changed so as
to transfer an area from one district to another of a different classification,
the foregoing provisions shall also apply to any nonconforming uses
existing therein or created thereby.
Notwithstanding any other provision of this chapter, any automobile
wrecking yard or junkyard in existence in any R District and any billboard,
advertising structure or nonconforming sign in existence in any district
at the time of enactment of this chapter shall, at the expiration
of a period of five years from such date, become a prohibited and
unlawful use and shall be discontinued. Lawfully existing signs accessory
to a nonconforming use or building shall not be subject to this provision.