Certain existing lots, structures and uses of lots and structures
were lawful before this chapter was adopted, but have become nonconformities
under the terms of this chapter and its amendments. It is the intent
of this chapter to permit such nonconformities to remain until they
are discontinued or removed, but not to encourage their survival or,
where discontinuance or removal is not feasible, to gradually upgrade
such nonconformities to conforming status. Nonconformities shall not
be enlarged, expanded, or extended, except as provided herein, and
shall not be used as grounds for adding other structures and uses
of lots and structures which are prohibited. Nonconformities are declared
by this chapter to be incompatible with the structures and uses permitted
in the various districts.
Where, at the effective date of adoption or amendment of this
chapter, lawful use of land exists that is made no longer permissible
under the terms of the chapter as enacted or amended, such use may
be continued, so long as it remains otherwise lawful, subject to the
following provisions:
A. No such nonconforming uses shall be enlarged or increased, or extended
to occupy a greater area of land than was occupied at the effective
date of adoption or amendment of this chapter.
B. No such nonconforming use shall be moved in whole or in part to any
other portion of the lot or parcel occupied by such use at the effective
date of adoption or amendment of this chapter.
C. If such nonconforming use of land ceases operation with the intent
of abandonment for a period of more than six months, any subsequent
use of such land shall conform to the regulations specified by the
chapter for the district in which such land is located.
Where a lawful structure exists at the effective date of adoption
or amendment of this chapter that could not be built under the terms
of this chapter by reason of restrictions on area, lot coverage, height,
yards, or other characteristics of the structure or its location on
the lot, such structure may be continued so long as it remains otherwise
lawful, subject to the following provisions:
A. No such structure may be enlarged or altered in a way which increases
its nonconformity.
B. Should such structure be destroyed by any means to an extent of more
than 50% of replacement value at the time of destruction, it shall
not be reconstructed except in conformity with the provisions of the
chapter.
C. Should such structure be moved for any reason for any distance whatever,
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, or of structure and land in
combination, exists at the effective date of adoption or amendment
of this chapter that would not be allowed in the district under the
terms of this chapter, the lawful use may be continued so long as
it remains otherwise lawful, subject of the following provisions:
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,
constructed, reconstructed, moved, or structurally altered except
in changing the use of the structure to a use permitted in the district
in which it is located.
B. Any nonconforming use may be extended throughout any part of a building
which was manifestly arranged or designed for such use, and which
existed 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 pertaining to the uses permitted in the district in which such structure is located, and the nonconforming use may not thereafter by resumed. Section
530-154 of this article shall apply to any nonconformity relating to the structure(s).
D. If such nonconforming use of land and structures ceases operation
with the intent of abandonment for a period of more than six months,
any subsequent use of such land shall conform to the regulations specified
by this chapter pertaining to the uses permitted in the district in
which such land is located. Structures occupied by seasonal uses shall
be exempt from this provision only so long as seasonal uses shall
continue.
E. Where nonconforming use status applies to a structure and premises
in combination, removal, or destruction of the structure shall eliminate
the nonconforming status of the land.
F. If no structural alterations are made, any nonconforming use of structure,
or structure and premises, may be changed to another nonconforming
use of the same or a more restricted classification provided that
the Board of Appeals, either by general rule or by making findings
in the specific case, shall find that the proposed use is equally
appropriate or more appropriate to the district than the existing
nonconforming use. In permitting such change, the Board of Appeals
may require appropriate conditions and safeguards in accord with the
purpose and intent of this chapter. Where a nonconforming use of a
structure, land, or structure and land in combination is hereafter
changed to a more restrictive classification, it shall not thereafter
be changed to a less restricted classification.
Any use for which conditional approval is permitted as provided
in this chapter shall not be deemed a nonconforming use, but shall
without further action be deemed a conforming use in such district.
There may be a change of tenancy, ownership, or management of
any existing nonconforming uses of land, structures, and premises,
provided there is no change in the nature or character of such nonconforming
uses except in conformity with the provisions of this chapter.