[Amended 7-18-2000 by L.L. No. 3-2000]
Except as otherwise provided in this article,
the lawfully permitted use of land or buildings existing at the time
of the adoption or amendment of this chapter may be continued although
such use does not conform to the standards specified in this chapter
for the zone in which such land or building is located. Said uses
shall be deemed nonconforming uses.
[Amended 7-18-2000 by L.L. No. 3-2000]
Where no building is involved, the nonconforming
use of land may be continued; provided, however, that no such nonconforming
use shall be enlarged or increased, nor shall it be extended to occupy
a greater area of land than that occupied by such use at the time
of the adoption or amendment of this chapter, unless specifically
allowed by other provision in 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 at the time of the
adoption or amendment of this chapter, provided, further, that if
such nonconforming use of land, or any portion thereof, ceases for
any reason for any continuous period of more than six months or is
changed to a conforming use, any future use of the land shall be in
conformity with the provisions of this chapter. No nonconforming use
of land shall be changed to another nonconforming use.
A.Â
A building or structure, the use of which does not conform to the use regulations for the district in which it is situated, shall not be enlarged or extended unless the use therein is changed to a conforming use. (See also § 195-32.)
B.Â
Such nonconforming building shall not be structurally
altered to an extent greater than 50% of its actual value unless such
alterations are required by law; provided, however, that such maintenance
and repair work as is required to keep a nonconforming building or
structure in sound condition shall be permitted, and provided further
that any such nonconforming use may be extended throughout any parts
of the building which were manifestly arranged or designed for such
use at the time of the adoption or amendment of this chapter.
[Amended 7-18-2000 by L.L. No. 3-2000]
C.Â
A nonconforming use of a building may be changed only
to a conforming use.
D.Â
If any nonconforming use of a building ceases for
any reason for a continuous period of more than six months or is changed
to a conforming use, or if the building in or on which such use is
conducted or maintained is moved for any distance whatever for any
reason, then any future use of such building shall be in conformity
with the standards specified by this chapter for the district in which
such building is located.
E.Â
If any building in which any nonconforming use is
conducted or maintained is hereafter removed, the subsequent use of
the land on which such building was located and the subsequent use
of any building thereon shall be in conformity with the standards
specified by this chapter for the district in which such land or building
is located.
A building that is conforming in use but does not conform to the height, yard or land coverage requirements of this chapter shall not be considered to be nonconforming within the meaning of § 195-31. No permits shall be issued that will result in the increase of any nonconformity in height, yard space or land coverage.
If any building legally nonconforming in use
shall be destroyed by any means, it may be repaired or reconstructed
to the same size and on the same location or at the location specified
for new buildings in the district in which such use is located. All
repairs or reconstruction for such nonconforming use shall be started
within one year of the date on which the destruction occurred.
[Amended 7-18-2000 by L.L. No. 3-2000]
Regardless of any other provisions of this chapter,
every sign which, after the adoption or amendment of this chapter,
may exist as a nonconforming use in any district shall be discontinued
and removed or changed to conform to the standards of said district
within a period of 18 months from the date of adoption or amendment
of this chapter.
