The lawful use of any land or a building or
structure or a part thereof existing at the time that this chapter
or any amendment thereto becomes effective may be continued, although
such use does not conform with the provisions of this chapter, except
as otherwise provided in this article.
Discontinuance. Except for activities involving
agriculture for animal husbandry as defined herein, when a nonconforming
use of land or a building or a structure has been discontinued for
a period of not less than one year, it shall not thereafter be reestablished
and the future use of the land, building or structure shall be in
conformity with the terms of this chapter.
No nonconforming use shall be changed to other
than a conforming use for the district in which it is situated.
A nonconforming use is hereby required to be
maintained in such condition as will not constitute a danger to the
safety, health or general welfare of the public. Alterations and extensions
of the nonconforming use in order to comply with the provisions of
this section are permitted, provided that such alteration or extension
shall not tend to increase the inherent nuisance, nor shall such alteration
or extension violate any provisions of this chapter regarding yards,
lot area or lot coverage for the district in which it is situated
or increase any existing violation of such provision.
Any building or structure which does not conform
to the terms of this chapter which is damaged by fire, flood or other
act of God or man may be reconstructed, provided that no building
shall be reconstructed, altered or added to extend farther into an
already deficient yard space or reduce an already deficient yard space
or reduce an already deficient land area.
A nonconforming use shall be permitted to expand
to an amount not exceeding 50% of the aggregate building area as it
existed at the time that this chapter or any amendment thereto became
effective, except that no nonconforming use shall be permitted to
violate any other provisions of this chapter relative to the district
in which it is situated.
A.
Nonconforming use under construction at the time of this enactment or subsequent amendment. No building or structure designed for or intended to be utilized for a nonconforming use shall be constructed, reconstructed or altered unless construction, reconstruction or alteration is already underway at the time of the enactment or subsequent amendment of this chapter is being diligently pursued so that such building or structure will be completed within 18 months from the time of the enactment or subsequent amendment of this chapter and unless the provisions of Subsection B below are observed.
B.
Permit to continue nonconforming use under construction
at the time of this enactment. Not more than 30 days after the enactment
of this chapter or any amendment hereto, a permit shall be obtained
from the Zoning Enforcement Officer for each building or structure
under construction as of the date of enactment of this chapter or
any amendment hereto. Irrespective of whether such construction conforms
with the terms of this chapter or any amendment hereto, any structure
so permitted shall be allowed to be completed in accordance with plans
filed at the time of the application for the permit. After filing
of plans with the Zoning Enforcement Officer, alteration or additions
to such plans except as may be in conformity with the terms of this
chapter or any amendment hereto shall not be permitted.
[Amended 2-23-1998 by L.L. No. 1-1998]
C.
Failure to obtain permit to continue nonconforming use under construction at the time of this enactment. Construction of buildings or structures under construction at the time of the enactment of this chapter or any amendment hereto for which permits are not obtained as provided in Subsection B above shall be stopped 30 days after the enactment of this chapter or any amendment hereto and thereafter be permitted to continue only in accordance with the terms of this chapter or any amendment hereto after securing of a zoning permit as hereinafter provided.
[Amended 2-23-1998 by L.L. No. 1-1998]
