A.
The lawful nonconforming use of a structure or land, including but
not limited to fences, parking and zoning setbacks, existing at the
time of the adoption or amendment of this chapter may be continued
although the use does not conform to the provisions of this chapter.
However, only that portion of the land in actual use may be so continued,
and the structure may not be extended, enlarged, reconstructed, substituted,
moved or structurally altered except when required to do so by law
or order or so as to comply with the provisions of this chapter.[1]
B.
If no structural alterations are made, a nonconforming use of a building
may be changed to any use permitted in the same use district as that
in which the use existing is permitted according to the provisions
of this chapter, provided that when a use district is changed any
existing nonconforming use in such changed district may be continued
or changed to a use permitted in the same use district as that in
which the existing use is permitted, provided that all other regulations
governing the new use are complied with.[2]
C.
Substitution of new equipment may be permitted by the Zoning Board
of Appeals if such equipment will reduce the incompatibility of the
nonconforming use with the neighboring uses.
A.
Termination. If such nonconforming use is discontinued or terminated
for a period of 12 months, any future use of the structure or land
shall conform to the provisions of this chapter.
B.
Building destroyed by fire or natural disaster. Where a building
located in a district restricted against its use has been destroyed
by fire or other calamity to the extent of not more than 50% of its
fair market value, the same may be rebuilt, but where such a building
is destroyed to the extent of more than 50% of its fair market value,
a building permit may be granted for its reconstruction within 12
months from the date of such fire or other calamity, except any public
utility located in a restricted district shall be permitted to rebuild,
alter or enlarge in any business or industrial district as the interest
of the public demands.
A lawful nonconforming structure existing at the time of the
adoption or amendment of this chapter may be continued although its
size or location does not conform to the lot width, lot area, yard,
height, parking and loading, and access provisions of this chapter.
However, it shall not be extended, enlarged, reconstructed, moved
or structurally altered except when required to do so by law or order
or so as to comply with the provisions of this chapter.
Once a nonconforming use or structure has been changed to conform,
it shall not revert back to a nonconforming use or structure. Once
the Zoning Board of Appeals has permitted the substitution of a more
restrictive nonconforming use for an existing nonconforming use, the
substituted use shall lose its status as a legal nonconforming use
and become subject to all the conditions required by the Zoning Board
of Appeals.
