A.
Except as otherwise provided in this section, the lawfully permitted
use of land or buildings existing at the time of the adoption of this
chapter may be continued, although such uses may not conform to the
standards specified in this chapter for the zone in which such land
or building is located. However, no change shall be made so as to
create a nonconforming lot, use, building or other structure or to
make a nonconforming lot, use, building or structure more nonconforming
from the effective date of this chapter.
B.
Nonconforming use of land. Where no building or structure 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 of this chapter, unless specifically
allowed by other provisions in the 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 of this chapter, provided further that if such nonconforming
use of land or any portion thereof ceases for any reasons for any
continuous period of more than one year 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.
C.
Nonconforming use of buildings.
(1)
A building or structure, including a sign, the use of which does
not conform to the use regulations for the district in which it is
situated shall not be structurally altered to an extent greater than
50% of its equalized assessed valuation, 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 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 of this chapter.
(2)
A nonconforming use may be changed to a conforming use or to another
nonconforming use of lesser intensity. The Use Regulations Schedules
A and B[1] shall determine the intensity of use. If any nonconforming
use of a building or sign ceases for any reason for a continuous period
of more than one year before or after the enactment of this chapter
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 whatsoever,
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
the building is located. If any building or sign in which any nonconforming
use is conducted or maintained is hereafter removed, the subsequent
use of any building or sign thereon shall be in conformity with the
standards specified by this chapter for the district in which such
land, building or sign is located.
[1]
Editor's Note: Schedules A and B are included at the end of
this chapter.
D.
Nonconformity other than use. No permit shall be issued that will
result in the increase of any nonconformity in height, yard space
or land cover.
A building housing a nonconforming use may not be reconstructed
or structurally altered during its life to an extent exceeding an
aggregate cost of 50% of the appraised value of the building, unless
the building is changed to a conforming use. A nonconforming use shall
not be extended or expanded.
