[Added 9-12-2011 by L.L. No. 1-2011]
Except as otherwise provided herein, the lawfully permitted use of property and the lawfully permitted existence of buildings and structures at the time of adoption of this article may be continued although such use, building or structure does not conform to the standards specified in this chapter for the district in which such presently lawfully existing property, building or structure is located. Similarly, whenever a zoning district classification, or the restrictions effecting property within any zoning district shall be changed hereafter so as to render nonconforming a use, building or structure then presently lawfully existing, such use, building or structure may nevertheless be continued, subject to the conditions set forth below. Said uses shall be deemed nonconforming uses and said buildings and structures shall be deemed dimensionally nonconforming. The provisions of this Article XVI shall not apply to or be applicable to telecommunication and microwave transmission use, telecommunication and microwave towers, telecommunication and microwave facilities, structures and buildings associated with said use.
A.
Any legal nonconforming use of land may be continued provided, however,
that no such use shall be enlarged or intensified, 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 article, unless specifically
allowed by other provisions in this 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 article. Any change in use on a parcel of land on
which a nonconforming use is located and will be continued, either
in whole or in part, shall require Zoning Board of Appeals approval.
B.
A building or structure, the use of which does not conform to the
use regulations for the district in which it is situated, shall not
be enlarged, extended or the exterior structurally altered unless
the use therein is changed to a conforming use, except those repairs
or modifications as may be determined necessary by the Building Department
to either correct an unsafe condition, or to conform to the requirements
of other applicable laws or ordinances.
C.
No nonconforming use of a building or structure shall be enlarged
or extended, except that any such nonconforming use may be extended
throughout any parts of a building or structure which were obviously
or manifestly arranged or designed only for such use at the time of
the adoption of this article.
D.
No nonconforming use shall be changed to another nonconforming use,
except as provided herein.
E.
If a nonconforming use ceases for any reason for a period of one
year, or is changed to a conforming use, then any future use of the
land, building or structure shall be in conformity with the provisions
of this chapter. Substantial cessation of activities consistent with
or required for the operation of such nonconforming use, or substantial
vacancy of the building or structure in which the nonconforming use
was conducted together with substantial cessation of activities consistent
with or required for the operation of such nonconforming use shall
be deemed to constitute a discontinuance thereof within the meaning
of this chapter, irrespective of whether an intention to abandon the
nonconforming use may exist. Upon application, however, the Zoning
Board of Appeals may extend the one-year period upon finding that
it is not reasonable in its application to the particular premises,
taking into consideration the characteristics of the use, the investment
which has been made in it, the circumstances of the discontinuance
and the suitability of the structure for a permitted use in the district
in which it is located.
F.
If any building or structure in which any nonconforming use is conducted
or maintained is hereafter removed, the subsequent use of the land
on which such building or structure was located and the subsequent
use of any building or structure erected thereon shall be in conformity
with the standards specified by this chapter for the district in which
such land is located.
A building or structure that is presently lawfully existing
and conforming in use, but does not conform to the lot dimension,
yard dimension, height, building coverage, floor area ratio, off-street
parking, or other dimensional requirements of this chapter shall be
deemed to be dimensionally nonconforming. No permit shall be issued
that will result in the increase of any such dimensional nonconformity,
without Zoning Board of Appeals approval. However, any building or
structure, or portion thereof, may be maintained, repaired and structurally
altered to either decrease its dimensional nonconformity or not increase
the dimensional nonconformity without Zoning Board of Appeals approval.
A.
Should a building or structure, the use of which, or the use of a
portion of which, is nonconforming, be destroyed or damaged by any
means to an extent greater than 50% of the replacement cost of the
entire building or structure used in connection therewith at the time
of the reconstruction, as determined by the Building Department, it
shall not thereafter be reconstructed or used except in conformity
with the provisions of this chapter. Should the damage be 50% or less,
it may be reconstructed and any accompanying nonconformity continued,
provided that the reconstruction is commenced within one year of the
date of such damage and completed within two years of said date, and
further provided that the reconstruction shall be conducted in accordance
with a plan approved by the Zoning Board of Appeals, which may impose
conditions and requirements pertaining to said use and design in order
to result in the greatest reasonable conformity with the provisions
of this chapter.
B.
Should a dwelling or accessory building, the use of which is conforming,
but is otherwise dimensionally nonconforming, be destroyed or damaged
by any means, it may be repaired or reconstructed within the existing
footprint within two years of said date without Zoning Board of Appeals
approval.
Upon application, a nonconforming use of land, buildings or
structures may be changed to another nonconforming use upon approval
by the Zoning Board of Appeals based upon a finding that the proposed
use is more appropriate to the district than the existing nonconforming
use. In permitting such change, the Zoning Board of Appeals may impose
such conditions and safeguards as it may deem necessary or appropriate
to further the purposes of this chapter.
Any lot legally established on or before January 1, 2011, which
is currently located within the Residence AA District, but is nonconforming
as to lot area, shall be governed by the minimum dimensional requirements
of the Residence A District for building coverage and lot coverage
and shall not otherwise be subject to dimensional requirements for
building coverage and lot coverage of the Residence AA Zoning District.
