A.
A "nonconforming use" shall include any use, whether
of a parcel or tract of land or of a building or structure or part
thereof, which use does not conform to the use regulations of this
chapter for the district in which such nonconforming use is located,
either at the effective date of this chapter or as a result of subsequent
amendment.
A.
A "nonconforming building" shall include any building
or structure which does not conform to the regulations of this chapter,
prescribing minimum yards, maximum height, frontage, minimum lot area,
maximum coverage and minimum open space for the district in which
such building is located, either at the effective date of this chapter
or as a result of subsequent amendment.
[Amended 10-6-1992 by L.L. No. 8-1992]
For the purpose of recording the character and extent of any nonconforming use lawfully existing at the effective date of this chapter, the owner or lessee of any building or land may apply for an nonconforming use permit in accordance with the provisions of § 129-107.
A nonconforming use lawfully existing at the effective date of this chapter may be changed to a conforming use. If a nonconforming use or building is changed to a conforming use or building, it shall not again be changed or altered except in conformity with the regulations prescribed by this chapter for the district in which such use or building is located. A nonconforming use shall not be changed to any other type of nonconforming use, except as otherwise provided in this Article XI.
A nonconforming use of land lawfully existing
at the effective date of this chapter shall not be enlarged or increased,
nor shall any such nonconforming use be extended to occupy a greater
area of land than that occupied at the effective date of this chapter,
nor shall any such nonconforming use be moved in whole or in part
to any other portion of the lot or parcel of land occupied by such
nonconforming use, unless such move will result in a conforming use.
A nonconforming use of a building lawfully existing
at the effective date of this chapter shall not be enlarged, increased
or moved to any other part of the building or lot.
B.
Normal maintenance of a nonconforming building lawfully existing at the effective date of this chapter is permitted, including repairs required by law or necessary to the safety of occupants of a dwelling, subject to § 129-79A.
C.
A nonconforming building containing a conforming use and lawfully existing at the effective date of this chapter may be altered, subject to § 129-79A, provided that such alteration will result in a conforming building or such alteration is required by law or any addition to a nonconforming dwelling shall conform to all applicable requirements of this chapter and that such addition shall not increase the cubical content of the altered dwelling by more than 25% in any case.
A.
If a nonconforming building or a building or structure
containing a nonconforming use lawfully existing at the effective
date of this chapter is damaged by any means to an extent of less
than 75% of the full value or cubical content thereof, such building
or structure shall not be rebuilt or reconstructed except in conformity
with the regulations of this chapter, except that, if reconstructed
within one year after such damage, the said building may be rebuilt
upon the same plan and with the same cubical content as that of the
original building or structure.
B.
If a nonconforming building or a building or structure
containing a nonconforming use lawfully existing at the effective
date of this chapter is destroyed or damaged by any means to an extent
of 75% or more of the full value or cubical content thereof or if
such building is moved for any reason for any distance whatever, the
said building or structure shall thereafter be rebuilt or reconstructed
and used only in accordance with the regulations prescribed by this
chapter for the district in which such building or structure is located.
The discontinuance of a nonconforming use for
a period of one year shall be regarded as permanent abandonment, and,
thereafter, the land, building or structure where such nonconforming
use previously existed shall be used and occupied only in conformity
with the regulations prescribed by this chapter for the district in
which such land, building or structure is located. Intent to resume
active operations shall not affect the foregoing, except that the
provisions of this section shall not apply where such discontinuance
is directly caused by war, strike or the construction of a public
improvement by a governmental agency.
Nothing in this chapter shall be deemed to require
any change in plans, construction or designated use of a building
on which construction was lawfully begun prior to the effective date
of this chapter and upon which building construction has been diligently
carried on, provided that such construction shall be diligently carried
on and completed within six months from the effective date of this
chapter.