The lawful use or existence of a building or
structure, or the lawful use of any parcel of land as existing and
lawful at the time of the enactment of this chapter, or any amendment
thereto, may, except as provided in this chapter, be continued, although
such use does not conform with the provisions of this chapter or subsequent
amendments. Whenever a lot is sold to a new owner, a previously lawful
nonconforming use may be continued by the new owner.
No structure damaged by fire or other causes
to the extent of more than 75% of its fair market value shall be repaired,
reconstructed, or used except in conformity with the regulations of
this chapter. Structures with damage to the extent of 75% or less
of the fair-market value may be reconstructed, repaired, or used for
the same nonconforming use subject to the following provisions:
A. The reconstructed structure shall not exceed the height, area, or volume of the damaged structure except as provided in §
185-79.
B. Reconstruction shall begin within one year from the
date of the damage and shall be carried on without interruption.
C. Structures within the BC Borough Center District damaged
or destroyed by fire or other natural causes may be rebuilt, reconstructed,
repaired or used for the same nonconforming use, provided that:
(1) Each measurement of nonconformity shall not be increased
or made more severe than the measurement of that particular nonconformity
that existed prior to the damage or destruction.
(2) Reconstruction shall begin within one year from the
date of damage and shall be carried on without interruption.
(3) Reconstruction shall be only upon the same lot as
in existence at the date that the nonconformity began.
D. No building shall hereafter be erected unless there
is direct access to it from a paved street or highway. Access from
a street or way shall be a paved surface, no less than 12 feet in
width. No building shall hereafter be erected so as to close the present
means of access to an existing dwelling or so as to diminish this
means of access.
Whenever a nonconforming use has been discontinued
for a period of one year and such use has been abandoned, such use
shall not thereafter be reestablished, and any future use shall be
in conformity with the provisions of this chapter.
Once changed to a conforming use, no structure
or land shall be permitted to revert to a nonconforming use. A nonconforming
use may be changed to another nonconforming use only under the following
conditions:
A. Such change shall be permitted only by special exception, under the provisions of Article
XI.
B. The applicant shall show that the nonconforming use
cannot reasonably be changed to a use permitted in the district where
such nonconforming use is located.
C. The applicant shall show that the proposed change
will be less objectionable in external effects than the existing nonconforming
use with respect to:
(1) Traffic generation and congestion including truck,
passenger car, and pedestrian traffic.
(2) Noise, smoke, dust, fumes, vapors, gases, heat, odor,
glare, or vibration.
(3) Storage and waste disposal.
No nonconforming use shall be extended to displace
a conforming use.
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 or structures existing therein.
The Zoning Officer shall provide for the registration
of all uses which are nonconforming under the terms of this chapter
within a reasonable time after the effective date of this chapter.
The record of nonconforming uses shall certify, after inspection,
the extent and kind of use and disposition of the buildings and land.
Upon notification, each occupant, or owner, of a premises used for
nonconforming use shall make available such information as may be
necessary to determine the extent and nature of the nonconforming
use.