Any lawful structure or use of premises existing at the time
of enactment of this chapter, or any subsequent amendment thereof
applying to such structure or use of premises, may be continued although
such structure or use of premises does not conform to the provisions
of this chapter; provided, however:
A.
Nothing herein contained shall be construed to render lawful any
use not lawfully conforming to provisions of this chapter hereby repealed.
B.
No nonconforming structure or use may be expanded, enlarged, extended or increased, except as set forth in Subsection D hereof.
[Amended 10-21-2002 by L.L. No. 1-2002]
C.
Every sign or other advertising device that lawfully exists at the
enactment of this chapter which violates or does not conform to the
provisions of this chapter shall be removed or altered so as to conform
within five years of the enactment.
D.
When a structure is nonconforming because a portion of the structure
is nearer the lot line than is permitted by existing zoning, the structure
may not be expanded, enlarged, extended or increased towards the lot
line which creates the nonconforming structure.
[Added 10-21-2002 by L.L. No. 1-2002]
A.
Any structure or lot which is used for or occupied by a nonconforming
use and which is changed to or replaced by a conforming structure
or use shall not thereafter be used for or occupied by a nonconforming
use or structure.
B.
When a nonconforming use has been discontinued for a period of one
year, it shall not thereafter be reestablished and the future use
shall be in conformity with the provisions of this chapter.
A nonconforming structure or nonconforming use may be repaired
or restored to a safe condition, except as specified in § 217-100..
Nothing in this chapter shall prevent the strengthening or restoring
to a safe condition of any wall, floor or roof which has been declared
unsafe by the Code Enforcement Officer.
Any structure for which a building permit was issued prior to
the effective date of this chapter, or prior to the effective date
of any subsequent amendment of this chapter, may be completed and
used in accordance with the approved plans and specifications for
that structure.
A.
Any lot held in single and separate ownership and use from adjoining
lots prior to the adoption of this chapter, and whose area is less
than the specified minimum lot requirements of this chapter for the
district, may be considered as complying with such minimum lot requirements
and no variance shall be required, provided that all of the following
minimum conditions are met:
(1)
Such lot does not adjoin any other lot or lots held by the same
owner where the aggregate area of such adjoining lots is equal to
or greater than the minimum lot area required for that district.
(2)
Such lot has an area of at least 5,000 square feet and a minimum
width of at least 40 feet at the required setback line if it is to
be used for residential purposes.
(5)
All other bulk requirements for that district are complied with.
(6)
All standards and requirements for sewage treatment/disposal
and water supply, as set by the county and state, can be met on the
lot.
B.
In any district where residences are permitted, such undersized nonconforming
lots may be used for not more than one single-unit dwelling.
A nonconforming building may not be renovated or structurally
altered during its life to an extent exceeding in aggregate value
50% of the replacement cost of the building unless said building is
changed to conform to the requirements of this chapter.
[Amended 11-19-2001 by L.L. No. 1-2001]
If a nonconforming building or land use activity or part thereof
has been destroyed or damaged by any means, it may be rebuilt or restored
as a nonconforming building or use only if reconstructed or restored
with the same or less floor area and cubic content and with the same,
or an improved, general site layout as that of the original structure.
Board of Appeals approval of reconstruction or restoration plans shall
be required if the cost to cure the damage exceeds 50% of the replacement
cost of the improvements on the premises immediately prior to the
damage, and the Board may impose conditions on such approval if such
conditions would improve an otherwise bad situation and bring the
nonconforming use or activity more in conformity with the regulations
for the district in which it is located.
A building permit shall not be issued for any lot that is reduced
in area so that it creates a nonconforming bulk or use in violation
of this chapter.
