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Editor's Note: Original Section 1000, Definitions, which was previously was the first section of this article, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now the definitions of NONCONFORMING STRUCTURE OR LOT and NONCONFORMING USE in § 185-6, Definitions.
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.
A. 
A use of land or structure that does not conform to the regulations of Article IV, Use Regulations, shall not be altered, extended nor enlarged, except in accordance with the following provisions:
(1) 
Such alteration or extension shall be permitted only by special exception under the provisions of Article XI and only upon the same lot in existence at the date the use became nonconforming.
(2) 
Any increase in volume, area or extent of the nonconforming use shall not exceed an aggregate of more than 50% during the life of the nonconformity.
B. 
A structure which does not conform to the regulations of this chapter other than Article IV, Use Regulations, may be altered, extended or enlarged, provided that no such nonconformity is increased beyond its extent on the date that it became nonconforming, provided that if the use or structure also falls under Subsection A of this section, any change shall be subject to the provisions of that subsection.
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.
(4) 
Appearance.
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.
See Article IX.