The following provisions shall apply to all
buildings and uses existing on the effective date of this chapter
which do not conform to the requirements set forth in this chapter
and to all buildings and uses that become nonconforming by reason
of any subsequent amendment to this chapter:
A. Except as provided hereinafter, any nonconforming
use of buildings or open land, existing on the effective date of this
chapter or authorized by a building permit issued prior thereto, may
be continued indefinitely, except that such building or use:
(1) Shall not be enlarged, altered, extended, reconstructed
or restored or placed on a different portion of the lot or parcel
of land occupied by such use on the effective date of this chapter,
nor shall any external evidence of such use be increased by any means
whatsoever.
(2) Shall not be moved to another location where such
use would be nonconforming.
(3) Shall not be changed to another nonconforming use
without approval by the Board of Appeals, and then only to a use which,
in the opinion of the Board of Appeals, is of the same or of a more
restricted nature.
(4) Shall not be reestablished if such use has been discontinued
for any reason for a period of one year or more. Intent to resume
a nonconforming use shall not confer the right to do so.
(5) Shall not be reestablished if such use had been changed
or replaced by a conforming use.
(6) Shall not be restored, repaired or rebuilt for other
than a conforming use after damage from any cause, unless the nonconforming
use is reinstated within one year of such damage; if the restoration
of such building is not completed within said one-year period, the
nonconforming use of such building shall be deemed to have been discontinued,
unless such nonconforming use is carried on without interruption in
the undamaged portion of such building.
(7) Notwithstanding §
150-20A(6), shall not be repaired or rebuilt unless the use is changed to a conforming use if the building containing the nonconforming use is damaged by fire or other causes to the extent of 50% of its fair value.
A "nonconforming building with conforming use"
is any building which does contain a use permitted in the district
in which it is located but does not conform to the district regulations
for: lot area, width or depth; front, side or rear yards; maximum
height; lot coverage; or minimum livable floor area per dwelling unit.
Such building shall have been legally existing prior to the effective
date of this chapter or any amendment thereto.
A. Nothing in this Article shall be deemed to prevent
normal maintenance and repair, structural alteration, moving, reconstruction
or enlargement of a nonconforming building, provided that such action
does not increase the degree of or create any new noncompliance with
regards to the regulations pertaining to such buildings.
B. Reconstruction of a damaged building.
(1) A noncomplying building containing a conforming use which has been damaged by fire or other causes to the extent of more than 50% of its fair value shall not be repaired or rebuilt unless such building is made substantially to conform to district bulk and parking regulations (§
150-12).
(2) Application for a permit to build or restore the damaged portion of any building damaged or destroyed as set forth in Subsection
B(1) above shall be filed within one year of the date of such damage and shall be accompanied by plans for reconstruction which, as to such portion, shall comply with the requirements set forth above. If such permit is issued it shall lapse one year thereafter unless reconstruction in accordance with the approved plans has been initiated.
(3) Where application for a permit to build or restore is not timely filed, or where a permit timely issued shall lapse as provided in Subsection
B(2) above, the reconstruction or restoration of any building damaged or destroyed as set forth in Subsection
B(1) above shall no longer be permitted unless a variance therefor shall have been granted by the Board of Appeals.
Notwithstanding any of the above regulations,
nothing in this Article shall be deemed to prevent normal maintenance
and repair of any use or building nor the carrying out upon the issuance
of a building permit of major structural alterations or demolitions
necessary in the interest of public safety. In granting such a building
permit, the Building Inspector shall state the precise reason why
such alterations are deemed necessary.