Any building or use existing on the effective date of this chapter and permitted by the Building Zone Code in effect immediately prior to that date, although not conforming with the other provisions of this chapter, may be continued, subject to compliance with the provisions of §
122-20 of this chapter and subject to the following conditions:
A. No such building which is nonconforming with respect to height, area or lot location or setback from any lot line shall be enlarged or altered in such manner as to increase any nonconformity, subject to the provisions of §
122-20 of this chapter.
B. No such building which is nonconforming with respect
to use shall be enlarged or altered structurally except as may be
allowed by law or this chapter.
C. No such nonconforming use shall be enlarged or extended
nor shall it be changed to another nonconforming use.
D. No such nonconforming building or use, if changed
to a building or use which conforms to the provisions of this chapter,
shall thereafter be changed to a nonconforming use or building.
E. No such nonconforming use, other than tennis courts
and swimming pools, if discontinued 12 consecutive months within a
ten-year period, shall be resumed.
F. No such nonconforming building, if 50% or more of
the assessed value of the structure is destroyed due to any cause,
shall be restored in nonconforming form or location. However, if such
nonconforming building is destroyed accidentally, it may, if so permitted
by the Board of Zoning Appeals, be restored in substantially the same
form and location, without substantial enlargement. However, tennis
courts and swimming pools are exempt from this subsection.
G. If less than 50% of a nonconforming building is destroyed
by natural causes, it may be restored only if a building permit is
obtained and neither the restored portion of the building nor the
nonconformity is included. However, tennis courts and swimming pools
are exempt from this subsection.
H. The restoration referred to in Subsections
F and
G hereof must be commenced within one year and completed within two years of the destruction and, if not, the continuation of the nonconformity of the affected portion only shall cease.
I. If 25% or more of a nonconforming fence is destroyed,
it must be rebuilt under the provisions of this chapter. This does
not apply to ordinary repairs.
[Amended 1-12-2000 by L.L. No. 3-2000]
No building shall be used or maintained on a
lot which is hereafter reduced, other than by natural causes, in area
or length of the front lot line in violation of the following provisions:
A. No improved lot shall be reduced in area or in any dimension unless the lot so reduced has at least the area prescribed by Article
IV of this chapter and has the unoccupied spaces required by the other provisions of this chapter.
B. No improved lot shall be reduced in length of the front lot line unless the lot as so reduced has at least the length of the front lot line prescribed in Article
IV of this chapter.
C. No improved lot shall be reduced in area or in any
dimension unless the setback of each then-existing building from any
new boundary line shall be at least the setback which would be required
by the other provisions of this chapter for a building of the same
kind then newly erected in the same location.