A nonconforming structure may continue so long as it remains
otherwise lawful, subject to the following:
A. A nonconforming structure may be enlarged or altered as long as the
enlargement or alteration will not increase its nonconformity.
B. In the event any nonconforming building is destroyed by an act of
God or any other cause not within the control of the owner, the owner
may rebuild the destroyed building or one designated for the same
use and may use the building for such use regardless of whether the
provisions of this chapter may otherwise prohibit the construction
of such a building or prohibit such a use in a district in which the
land is located; provided, however, that the rebuilding of such structure
shall commence not more than two years from the date of the event
which caused the loss of the original structure, and provided further
that the use of said rebuilt structure shall commence within one year
from the completion of said building as provided for herein.
C. Should any nonconforming structure be moved for any reason, for any
distance whatsoever, it shall thereafter conform to the regulations
for the district in which it is located after it is moved.
If a lawful use of a structure and premises in combination exists
on the effective date of adoption or amendment to this chapter that
would not be allowed in the district under the terms of this chapter
or chapter amendment, the lawful use may be continued so long as it
remains otherwise lawful, subject to the following:
A. No existing structure devoted to a use not permitted by this chapter
in the district in which it is located shall be enlarged, extended
vertically or horizontally or moved, except in changing the use of
the structure to a use permitted in the district in which it is located,
except as otherwise provided for herein or except as may be accomplished
or provided for under the variance procedure as set forth herein.
B. Any nonconforming use may be extended throughout any parts of a building
which were manifestly arranged or designed for such use at the time
of adoption or amendment of this chapter, but no such use shall be
extended to occupy any land outside such building.
C. Any structure or structure and land in combination in or on which
a nonconforming use is superseded by a permitted use shall thereafter
conform to the regulations for the district in which such structure
is located, and the nonconforming use may not thereafter be resumed.
D. When a nonconforming use of a structure or structure and premises
in combination is discontinued or abandoned, for any other reason,
for 12 consecutive months or for 18 months during any three-year period,
such nonconforming use shall cease, and the structure or structure
and premises in combination shall not thereafter be used except in
conformance with the regulations of the district in which it is located.
All nonconforming uses existing at the time of the effective
date of this chapter amendment may be registered by the Zoning Officer.
Certificates of occupancy shall be issued to all nonconforming uses
by the Zoning Officer. Any person, partnership, corporation or legal
entity with an ownership interest in a nonconforming lot, structure,
use or combination of nonconforming characteristics may also register
such nonconformity with the Zoning Officer, provided verification
of the nonconformity is provided.
Nothing in the zoning district regulations shall be held to
prohibit the erection of a single-family dwelling in a zoning district
upon a lot whose size is inadequate to meet the lot area regulations
set for the district, provided that such lot on the effective date
of this chapter is held under separate ownership from the lots adjoining
thereto, has the right of direct access to a public street, and its
use complies with all other applicable zoning district regulations.