A use, building or structure, lawfully in existence
at the effective date of this chapter, which shall be made nonconforming
at the passage of this chapter or any applicable amendment thereto
may be continued, except as otherwise provided in this article.
No existing building or premises devoted to
a nonconforming use shall be enlarged, extended, reconstructed, substituted
or structurally altered, except when changed to a conforming use or
when required to do so by law or order, and as follows:
A.
Restoration. Any nonconforming building or structure damaged by fire, flood, explosion or other casualty may be restored, reconstructed or used as before if such restoration is completed within 12 months of such casualty, and provided that the volume of such building or structure shall not exceed the volume which existed prior to such casualty, or as provided under § 150-58 hereof.
B.
Displaced. A nonconforming use shall not be extended
to displace a conforming use.
C.
Change of use.
(1)
A nonconforming use or structure may be changed to
another nonconforming use by special exception only. These special
exceptions should be granted only so long as the use which is permitted
is not more objectionable to the purpose of the district where the
property is located than the nonconforming use which is being changed
or replaced.
(2)
A nonconforming use may be changed into a conforming
use.
(3)
A nonconforming use which is not permitted in any
district or which is permitted only as a special exception may only
be changed into a conforming use.
(4)
When a nonconforming use shall be changed in accordance
with the provisions hereof, the use of the building or other structure
or tract of land shall not thereafter be changed again except in accordance
with these regulations.
D.
Repairs.
(1)
Normal maintenance and repairs and incidental alterations
of a building or other structure containing a nonconforming use is
permitted.
(2)
A building or other structure containing residential
nonconforming uses may be altered in any way to improve interior livability,
provided that no structural alterations shall be made which would
increase the number of dwelling units or the bulk of the building.
E.
Prior approval. Nothing herein contained shall require
any change in the plans, construction or designated use of a building
complying with existing laws, a permit for which had been duly granted
and the construction of which shall have been started before the date
of adoption of this chapter or any applicable amendment thereto, and
the ground story framework of which, including the second tier of
beams, shall have been completed within six months of the date of
the permit, and which entire building shall have been completed according
to such plans as have been filed, within one year of the date of adoption
of this chapter or any applicable amendment thereto.
The discontinuance of a nonconforming use for
a period of one year and/or the change of use to a more restricted
or conforming use for any period of time shall be considered as abandonment
of such use, and such nonconforming use shall not thereafter be revived.
A.
A nonconforming use or structure may be expanded up
to a volume which shall not exceed 25% of its volume as it exists
at the time of adoption of this chapter. No such use shall be expanded,
however, into a more restrictive district than where it is located;
and no such use shall be permitted to expand except in accordance
with all of the building regulations contained herein.
As of the adoption of this chapter, all nonconforming
uses and structures shall be identified by number or other means and
registered with the Zoning Officer. Residents will be allowed 12 months
from the adoption of this chapter to register nonconforming uses with
the Zoning Officer. Failure to do so will subject the owner to the
penalties set forth in this chapter.
