A use, building or structure which is lawfully
in existence at the effective date of this chapter and shall be made
nonconforming at the passage of this chapter or any applicable amendment
thereto may be continued, except as otherwise provided in this section.
No existing use, building or premises devoted
to a nonconforming use shall be enlarged, extended, reconstructed,
substituted or structurally altered, except when changed to a conforming
use or when required to do so by law and as follows:
A.
Restoration. Any nonconforming structure damaged to
less than 80% of its previous existing area may be restored, reconstructed
or used as before, provided that the area of such use, building or
structure shall not exceed the area which existed prior to such damage.
The Board of Adjustment shall determine the time period in which complete
restoration shall take place.
B.
Repairs. Normal maintenance and repair of a structure
containing a nonconforming use is permitted, provided that it does
not extend the area or volume of space occupied by the nonconforming
use, does not increase the number of dwelling units, and does not
increase the floor area ratio, where so regulated.
C.
Nothing in this chapter shall prevent the strengthening
or restoring to a safe or lawful condition any part of any building
or structure declared unsafe or unlawful by the Construction Code
Official or other authorized state or Village official.
D.
Change of title or ownership does not discontinue
a nonconforming use.
A.
Abandonment. A nonconforming use not used for one
year and/or the change of use to a more restricted or conforming use
for any period of time shall be considered an abandonment thereof,
and such nonconforming use shall not thereafter be terminated.
B.
Partial destruction. When 80% or more of the existing
area of a nonconforming structure is destroyed by fire or other casualty
or by an act of God, the use of such structure as a nonconforming
use shall thereafter be terminated.
C.
Nonconforming buildings lawfully under construction.
Any nonconforming building or structure lawfully under construction
at the effective date of this chapter, pursuant to plans filed with
the Construction Code Official and approved by said official and all
other municipal boards and agencies as required under law, may be
completed and may be used for the nonconforming use for which it was
designed to the same extent as if such building had been completed
and been in use on the effective date of this chapter, provided that
such building or structure shall be completed within 18 months after
the effective date thereof.
