Lawful uses of land which become nonconforming
as a result of the adoption or amendment of this chapter may be continued
by the present or any subsequent owner so long as they remain otherwise
lawful, subject to the following provisions:
A. Extension. A nonconforming use may be extended or
increased by not more than 50% of the extent of such use as it existed
upon the effective date of this chapter.
B. Discontinuance. Whenever a nonconforming use has been
discontinued for a period of not less than 12 consecutive months,
such use shall not be reestablished or resumed. After such time, all
uses shall be in conformance with the provisions of this chapter.
C. Changes of use. A nonconforming use, if changed to
a conforming use, shall not thereafter revert to the previous nonconforming
use, nor shall it be changed to any other nonconforming use.
Structures and buildings which become nonconforming
as a result of the adoption or amendment of this chapter by reasons
of restrictions on area, lot coverage, height, yards, location on
the lot or other requirements concerning the building or structure
may be continued to be used by the present or any subsequent owner
so long as they remain otherwise lawful, subject to the following
provisions:
A. Enlargement. Nonconforming structures and buildings
may be enlarged or extended, provided that such enlargement or extension
shall not worsen the aspect of nonconformity nor create any new aspect
of nonconformity.
B. Moving of structure or building. No nonconforming
structure or building shall be moved unless it shall thereafter be
in conformance with all applicable zoning regulations.
C. Destruction. Should any nonconforming structure or
building be destroyed wholly or in part by any means, such structure
or building may be reconstructed in the same location, provided that:
(1) The reconstructed structure or building shall not
exceed the height, area or volume of the damaged or destroyed building
or structure.
(2) Construction activity for reconstruction shall commence
within one year of the date of damage or destruction and shall be
carried on without interruption.
Lawful uses of structures and buildings which
become nonconforming as a result of the adoption or amendment of this
chapter may be continued by the present or any subsequent owner so
long as they remain otherwise lawful, subject to the following provisions:
A. Extension.
(1) A nonconforming use may be extended throughout any
part of an existing structure or building.
(2) A nonconforming use may be extended to occupy additions
or extensions to an existing structure or building, provided that
such additions or extensions are in conformance with the area and
bulk regulations of the applicable zoning district, and further provided
that such additions or extensions will not accommodate an expansion
of the nonconforming use greater than 50% of the floor area occupied
by said nonconforming use at the time such nonconforming use became
nonconforming.
B. Change of use. A nonconforming use, if changed to
a conforming use, shall not thereafter revert to the previous nonconforming
use, nor shall it be changed to any other nonconforming use.
C. Discontinuance. Whenever a nonconforming use of a
structure, building or part thereof has been discontinued for a period
of not less than 12 consecutive months, such use shall not be reestablished
or resumed. After such time, all uses shall be in conformance with
the provisions of this chapter.
If a nonconforming structure or building or
if any portion of a structure or building containing a nonconforming
use becomes physically unsafe or unlawful due to lack of repair or
maintenance and is declared by any duly authorized official to be
unsafe or unlawful by reason of physical condition, such structure
or building shall not thereafter be restored, repaired or rebuilt
except in conformity with the regulations of the zoning district in
which such structure or building is located.
Any use which is permitted as a special exception
in a zoning district under the terms of this chapter shall not be
deemed a nonconforming use in such zoning district but shall, lacking
further action, be considered a conforming use.