[Amended 9-5-1990 by L.L. No. 2-1990; 3-7-2002 by L.L. No.
1-2002]
A. The buildings, structures, uses or enterprises excluded
under the provisions of this chapter from any district shall be designated
as nonconforming uses.
B. Continuing nonconforming use. Any legal use in existence at the time any part of this chapter becomes effective which renders the legal use illegal may be continued as a nonconforming use, except that such nonconforming use shall be continued only upon the premises and in the structure where such nonconforming use then exists (refer to §
146-76). This section shall not be deemed to authorize or validate any use that was in violation of the Code of the Town of Ellicott at such time as the use was rendered nonconforming.
C. Abandonment, terminating nonconforming use. A nonconforming use, if changed to a conforming use, may not be changed back to a nonconforming use, but a temporary discontinuance of a nonconforming use shall not be deemed a change to a conforming use. The failure to exercise any nonconforming use, except agricultural uses in residential districts, for a period of one-year or more terminates such nonconforming use of the structures or premises, and thereafter such structure or premises shall be used in conformity with this chapter. An agricultural nonconforming use in a residential district shall not be deemed to have been abandoned until the agricultural use has been discontinued and a conforming use is established. A conforming residential use is created when the primary use of the property is a permitted use under Article
II of this chapter. Under no circumstances shall the discontinuance of agricultural activities, by itself, be deemed to create a permitted use.
D. Altering nonconforming use. No existing building or
structure devoted to a nonconforming use, or which may be used for
such purposes, may be reconstructed or structurally altered and the
nonconforming use may not be extended or expanded except within the
following limitations:
(1) The structural alteration made in such a building
shall in no case exceed 25% of its reasonable market value, unless
the use therein is changed to a conforming use. The Assessor shall,
upon the request of the officers charged with the administration of
this chapter, certify to the reasonable market value of a given building
or structure for the purposes hereof, and such certificate shall be
accepted as proof of the valuation of the particular building or structure
in the initial instance.
(2) No nonconforming use shall be extended or expanded.
(3) No nonconforming use existing at the time of the passage
of this chapter shall be changed, extended or structurally altered
for the purposes of using it for another nonconforming use excluded
from the particular district.
(4) A building or structure devoted to a nonconforming
use may be reconstructed, but not expanded, within 12 months of destruction
of said building or structure (except signs or billboards specifically
prohibited) which has been destroyed by fire or other calamity to
the extent of not more than 75% of its assessed valuation.