A use, building or structure lawfully in existence prior to the adoption of this chapter which does not comply with the applicable use provisions of this chapter or any applicable amendment thereto may be continued if registered in accordance with the provisions of § 181-43 hereof. 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 owner of the premises occupied by a nonconforming
use or structure shall, with the assistance of the Zoning Officer,
within six months of the passage of this chapter, identify and register
such nonconformance with the Zoning Officer.
The Zoning Officer shall issue a certificate of nonconformance for any nonconformance registered in accordance with § 181-43 hereof for the purpose of ensuring to the owner the right to continue such nonconformance.
Any nonconforming use which shall be destroyed by fire or other disaster may not be restored, except as a conforming use; provided, however, that the owner of such use may apply to the Zoning Hearing Board for the restoration of such use in accordance with the procedure set forth under § 181-55A herein for applications for special exceptions; and the Zoning Hearing Board may authorize the Zoning Officer to issue a permit for such replacement if the findings are in accordance with the criteria set forth under § 181-24, not including § 181-24A; and provided, further, that such application shall be made within 90 days of such disaster and that such permit shall not be valid for a period of more than one year.
Any nonconforming use or structure damaged less
than 50% of its existing floor area may be restored, reconstructed
or used as before, provided that the volume of such use or structure
shall not exceed the floor area which existed up to the time of such
damage, and provided, further, that such restoration shall be in accordance
with the following:
Where a use is in conformity with this Zoning
Ordinance in all respects other than its lot size, yards and setbacks,
and such use is destroyed, totally or partially, it may be restored
to its condition prior to such damage; provided, however, that it
shall not be made any more nonconforming as to yards and setbacks
than it was prior to such damage, and, to the extent feasible, such
reconstruction shall be made more conforming as to yards and setbacks.
Any nonconforming building which is not also
a nonconforming use may, if damaged or destroyed, be restored to its
original condition.
When the use and occupancy of a nonconforming
use shall be terminated for a period of one year or more, then the
reuse of such property shall not thereafter be resumed as a nonconforming
use. The use of such property following the termination of a nonconforming
use for a period of at least one year shall be in accordance with
the provisions of this chapter governing the zone district where it
is located.
A.
A nonconforming use shall not be changed into a use
which is first permitted in a less restrictive zone district than
where it is located.
B.
A nonconforming use may be changed into a conforming
use.
C.
A nonconforming use which is not permitted in any
zoning district or which is permitted only as a special use may only
be changed into a conforming use.
D.
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.
