If, at the time of the enactment of this chapter or any subsequent
amendment thereto, any legal activity is being pursued or any lot
or structure legally utilized in a manner or for a purpose which does
not conform to the provisions of this chapter, such manner of use
or purpose may be continued as herein provided:
A. If any change in title of possession or renewal of a lease of any
such lot or structure occurs, the use existing may be continued.
B. If any nonconforming use, structure or activity is discontinued for
a period exceeding two years after the enactment of this chapter or
any amendment thereto, it shall be deemed abandoned, and any subsequent
use shall conform to the requirements of this chapter.
C. A nonconforming structure, lot or use may be changed only to another
use of a substantially similar character as the original use or to
a more restrictive use.
D. Whenever a nonconforming structure, lot or activity has been changed
to a more limited nonconforming use, such existing use may be changed
only to an even more limited use.
E. When any nonconforming use is superseded by a permitted use, the
use shall thereafter conform to the regulations for the district,
and no nonconforming use shall thereafter be resumed.
The construction or use of a nonconforming building or land
area for which a building permit was legally issued prior to the adoption
or amendment of this chapter may proceed, provided that such building
is completed within one year or such use of land established within
30 days after the effective date of this chapter.
All single-family dwellings which become nonconforming as a
result of amendments to this chapter concerning the number of unrelated
individuals who may constitute a household unit must apply for and
be issued a certificate of occupancy within six months of the date
of adoption of such amendments. Failure to obtain a certificate of
occupancy shall invalidate any claim for nonconforming use status,
and the dwelling will be required to conform to all applicable sections
of this chapter.
Whenever the boundaries of a district are changed, any uses
of land or buildings which become nonconforming as a result of such
change shall become subject to the provisions of this article.
On any building devoted in whole or in part to any nonconforming
use, work may be done in any period of 12 consecutive months on ordinary
repairs or on repair or replacement of nonbearing walls, fixtures,
wiring or plumbing, to an extent not exceeding 20% of the current
replacement value of the structure, provided that the cubic content
of the structure, as it existed at the time of passage or amendment
of this chapter, shall not be increased. Nothing in this chapter shall
be deemed to prevent the strengthening or restoring to a safe condition
of any structure or part thereof declared to be unsafe by any official
charged with protecting the public safety, upon order of such official.
Any lot of record at the time of the adoption or amendment of
this chapter which is less in area or in width than the minimum required
by this chapter may be used or built upon, provided that a variance
of yard and/or setback requirements, if required, is obtained from
the Board of Zoning Appeals.