A.
Except as otherwise provided in this chapter, the
lawful use of land or building existing at the date of the adoption
of this chapter may be continued although such use or building does
not conform to the regulations specified by this chapter for the zone
in which such land or building is located; provided, however:
B.
Discontinuance. In any district, whenever a nonconforming
use of land, premises, building or structure, or any part or portion
thereof, has been discontinued for a period of one year, such nonconforming
use shall not thereafter be reestablished, and all future uses shall
be in conformity with the provisions of this chapter. Such discontinuance
of the active and continuous operation of such nonconforming use,
or a part or portion thereof, for such period of one year, is hereby
construed and considered to be an abandonment of such nonconforming
use, regardless of any reservation of an intent not to abandon same
or of an intent to resume active operations unless where compliance
with this section is technically infeasible, as determined by the
Code and Zoning Enforcement Officer, the nonconformance shall provide
for conformity to the maximum extent technically feasible. If actual
abandonment in fact is evidenced by the removal of building, structures,
machinery, equipment and other evidences of such nonconforming use
of the land and premises, the abandonment shall be construed and considered
to be complete and all rights to reestablish or continue such nonconforming
use shall thereupon terminate.
C.
Notwithstanding any other provisions of this chapter,
any automobile wrecking yard or junkyard and any billboard, advertising
structure or nonconforming sign in existence in any R District at
the date of enactment of this chapter shall at the expiration of three
years from such date become a prohibited and unlawful use and shall
be discontinued. Provided, however, that lawfully existing signs accessory
to a nonconforming business or industrial building shall not be subject
to this provision.
D.
No building damaged by fire or other causes to the
extent of more than 75% of its assessed valuation shall be repaired
or rebuilt except in conformity with the regulations of this chapter.
Nothing in this chapter shall prevent the strengthening or restoring
to a safe condition any wall, floor, or roof which has been declared
unsafe by the Building Inspector.
E.
A nonconforming use shall not be extended, but the
extension of a lawful use to any portion of a nonconforming building
which existed prior to the enactment of this chapter shall not be
deemed the extension of such nonconforming use.
F.
Unsafe structures. Any structure or portion thereof
declared unsafe by a proper authority, but not ordered to be demolished,
may be restored to a safe condition.
G.
Those uses existing at the date of the adoption of this chapter which would otherwise be permitted only with a special use permit may be required to meet certain regulations as set forth in Article XII, Uses Requiring Special Use Permits, for the particular use.
H.
A nonconforming building may not be reconstructed
or structurally altered during its life to an extent exceeding in
aggregate cost 50% of the true value of the building unless said building
is changed to conform to the requirements of this chapter.
I.
Changes. Once changed to a conforming use, no building
or land shall be permitted to revert to a nonconforming use. A nonconforming
use may be changed to a use of the same classification upon approval
of the Board of Appeals, or to a use of more restricted classification,
and when so changed to a more restricted classification such use thereafter
shall not be changed to a less restricted classification.
J.
Normal maintenance repairs and structural alterations
of building or other structure containing a nonconforming use shall
be permitted, provided that it does not extend the area or volume
of space occupied by the nonconforming use.
[Added 3-12-1985 by L.L. No. 4-1985]
K.
Amendments. Whenever the boundaries of a district
shall be changed so as to transfer an area from one district to another
district of a different classification, or whenever the text of this
chapter shall be changed with respect to the uses permitted in a district,
the foregoing provisions shall also apply to any nonconforming uses
existing therein.
L.
At any time after the effective date of this chapter,
on the written request of the user of any structure or premises or
at the instance of the Code and Zoning Enforcement Officer, an examination
by the Code and Zoning Enforcement Officer of any existing use shall
be made. A report of the findings made upon such examination shall
thereafter be filed together with a certificate of noncompliance which
shall clearly describe the premises and structure, if any, referred
to and shall specify the nature and extent of the existing use. Such
certification shall be prepared in duplicate, one copy of which shall
be maintained by the Code and Zoning Enforcement Officer, and one
copy of which shall be furnished to the owner or user.
[Added 3-12-1985 by L.L. No. 4-1985]
A.
Any building which is nonconforming due to insufficient
yard distances or lot area shall not be considered a nonconforming
use. Any alterations or structural changes may be accomplished within
the existing frame of said building, but any additions shall conform
to the specific setback and yard distance requirements of this chapter.
The use of any such nonconforming building may be changed to any other
permitted use so long as the yard or lot area requirements are not
greater.
B.
An existing house trailer may be located on the site
where a building is to be erected, and for which a building permit
has been issued, provided that such trailer is located no closer than
five feet from any lot line. The trailer shall be removed from the
premises not later than the date the building permit expires, or within
30 days after occupancy of the building, whichever is the prior date.
[Amended 8-25-1992 by L.L. No. 2-1992]
