All lawful uses of land, buildings or other
structures may be continued, altered, reconstructed, changed, sold
or maintained without being in violation of this chapter, even though
such use may not conform to the use and/or dimension regulations of
the district in which it is located. When existing uses do not conform
to the regulation established for the district in which located, such
uses become nonconforming in terms of this chapter, and such nonconforming
uses or structures must comply with the following.
The Zoning Officer shall identify and register
all nonconforming structures, buildings and uses, and such information
shall be maintained in a permanent inventory or record of nonconforming
structures, buildings and uses and shall include facts pertaining
to the property location and the nature and degree of nonconformance
of each such structure, building or use.
A.
The owner of the premises occupied by a lawful nonconforming
use or building may secure a certificate of nonconformance, which
shall be for the purpose of ensuring to the owner the right to continue
a nonconforming building or use.
A.
Repairs and structural alterations may be made to
a nonconforming building or a building occupied by a nonconforming
use.
B.
A nonconforming building which is damaged by fire,
explosion, flood, wind or other unforeseen circumstances may be rebuilt
and used for the same purposes, provided that:
(1)
If the damage is less than 60% of the floor area prior
to destruction, rebuilding may take place upon the original foundation;
however, if any expansion is proposed and approved, such expansion
shall be controlled by all setback and open space requirements for
the district in which it is located and, when applicable, parking
and loading requirements as set forth in this chapter.
(2)
If the damage is greater than 60% of the floor area
prior to destruction, rebuilding may take place upon the original
foundation when approved by the Zoning Hearing Board as a variance;
however, if any expansion is proposed and approved, such expansion
shall be controlled by all setback and open space requirements for
the district in which it is located and, when applicable, parking
and loading requirements as set forth in this chapter.
(3)
The reconstruction of the building is commenced within
one year from the date of the destruction of the building and is carried
to completion without undue delay.
A.
A nonconforming use in a building may be extended
throughout the building.
B.
A nonconforming use may be extended upon a lot occupied
by such use and held in single and/or separate ownership when authorized
as a special exception, provided that such extension does not replace
a conforming use and does not violate the yard and coverage requirements
of the district in which the nonconforming use exists.
C.
The extension or enlargement of the building or use
shall be provided with off-street parking and loading spaces as required
by this chapter.
A.
A nonconforming use may be changed to another nonconforming
use of the same or more restricted classification.
B.
Whenever a nonconforming use has been changed to a
more restricted classification or to a conforming use, such use shall
not hereafter be changed to a use of less restricted classification.
[Amended 5-13-1991 by Ord. No. 1151]
If a nonconforming use of a building or land
ceases, is discontinued or is abandoned for a continuous period of
two years or more, subsequent use of such building or land shall be
in conformity with the provisions of this chapter, except when the
discontinuance is due to a death and the settling of the estate. In
such cases, the discontinuance shall not be presumed to start until
the estate is settled or a court order concerning the disposition
of the estate has been entered.
A.
Existing nonconforming structures and/or uses located
in the floodway shall not be expanded or enlarged unless the effect
of the proposed expansion or enlargement on flood heights is fully
offset by accompanying stream improvement.
B.
Any modification, alteration, repair, reconstruction
or improvement of any kind to a nonconforming structure and/or use
located in the floodway, to an extent or amount of less than 50% of
its value, should be undertaken only in full compliance with the provisions
of this chapter and any other applicable ordinance.
C.
The modification, alteration, repair, reconstruction
or improvement of any kind to a nonconforming structure and/or use,
regardless of location, to an extent or amount of 50% or more of its
market value, shall be undertaken only in full compliance with the
provisions of this chapter and any other applicable ordinance.
D.
Uses or adjuncts thereof which are or become nuisances
shall not be permitted to continue.
