[Ord. No. 4, 2-3-2021]
(a) 
Within the districts established by this chapter or amendments that may later be adopted, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this chapter was passed or amended, but which could be prohibited, regulated or restricted under the terms of this chapter or future amendments.
(b) 
It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. Nonconformities may be permitted to be enlarged or added to, but only in a limited manner and as provided for in other sections of this chapter.
(c) 
To avoid hardship, nothing in this division shall be deemed to require a change in the plans, construction or designated use of any building for which a valid building permit has been issued at the time of adoption of this chapter. This shall not extend the expiration date of a building permit.
[Ord. No. 4, 2-3-2021]
(a) 
Any nonconforming use, which existed lawfully at the time of adoption of this Code, may be continued, subject to the following provisions.
(b) 
Expansion, change of use, or replacement.
(1) 
Expansion. A nonconforming use, which existed at the time of adoption of this chapter, may be expanded within any portion of the existing structure in which it is located upon site plan review and approval from the Planning Board. A nonconforming use shall not be expanded beyond the area of the existing structure in which the use is located, unless granted a use variance from the Zoning Board of Appeals.
(2) 
Change of use. A nonconforming use shall not be changed to any other nonconforming use.
(3) 
Replacement. If a nonconforming use is replaced by another use, such use shall conform to the regulations of the district in which it is located.
(c) 
Discontinuance.
(1) 
In all commercial districts (CBD, UMU and NMU), if a nonconforming use is discontinued for a period of two years (24 consecutive months), such nonconforming use shall expire and be deemed abandoned; and any subsequent use on the same lot shall conform to the regulations of the district in which it is located.
(2) 
In all other districts, if a nonconforming use is discontinued for a period of one year (12 consecutive months), such nonconforming use shall expire and be deemed abandoned; and any subsequent use on the same lot shall conform to the regulations of the district in which it is located.
(d) 
Destruction and restoration. If any structure in which a nonconforming use is conducted is hereafter damaged, removed, or destroyed by fire, wind, explosion, or other natural cause, to the extent of 75% or more of its fair market value at the time of such damage, application for any reconstruction or restoration of such structure for a building permit, to resume the non-conforming use shall be made within one year and the structure for the nonconforming use shall be constructed within one additional year unless the permit is renewed.
[Ord. No. 4, 2-3-2021]
(a) 
Continuation. Any nonconforming structure, which existed lawfully or if a valid building permit has been issued at the time of adoption of this chapter may be maintained.
(b) 
Modification and replacement. A nonconforming structure shall be maintained in such condition as will not constitute a danger to the health, safety, or general welfare of the public.
(1) 
Modification. A nonconforming structure shall not be added to or enlarged or altered in any manner, in a way, which increases its nonconformity. All such modifications, which increase the nonconformity, shall require an area variance from the Zoning Board of Appeals.
(2) 
Replacement. A nonconforming structure may be replaced on its identical footprint, within 24 months after its removal, so long as it is not added to, enlarged, reconfigured or altered in any manner or in a way, which increases its nonconformity. After 24 months after removal, such nonconforming structure may not be rebuilt on the same footprint but must conform to the regulations of the district in which it is located.
[Ord. No. 4, 2-3-2021]
(a) 
Any nonconforming lot of record existing as of the adoption of this chapter, which does not meet the minimum lot area and/or minimum lot width and depth requirements for the zoning district in which such lot is situated shall be considered as complying with such minimum lot requirements, and no variance shall be required, provided that such lot does not adjoin other lots in the same ownership.
(1) 
All such lots in the same ownership shall be treated together as one lot. Undeveloped lots shall be merged, one developed and one undeveloped lot shall be merged, two developed lots are not required to be merged.
(b) 
A new structure may be built on a nonconforming lot legally existing prior to the adoption of this chapter so long as such new buildings or structures comply with all of the regulations of the district in which it is located.
(c) 
Lawfully existing structures located on nonconforming lots may be moved, expanded, enlarged or replaced as long as such change complies with all of the regulations of the district in which it is located.
[Ord. No. 4, 2-3-2021]
(a) 
Authority. The Commissioner of Urban and Economic Development, or a duly designated representative, shall have authority to issue a certificate of nonconformity in any zone within the City.
(b) 
Purpose. The certificate of nonconformity shall establish the legality of nonconforming uses, structures, lots and signs established prior to the effective date of this chapter that do not conform to the regulations of this chapter applicable in the zoning districts in which such nonconformities are located.
(c) 
Certificate of nonconformity standards. A certificate of nonconformity shall be required for any nonconforming uses, structures, lots and signs in the City prior to the approval of additional applications that may be required.
(d) 
Procedure.
(1) 
Application. The owner of any nonconformity may at any time apply to the Commissioner of Urban and Economic Development for a certificate of nonconformity to establish the legality of nonconformity as of a specified date. Such application shall contain such information as may be required by the Commissioner of Urban and Economic Development.
(2) 
Action by Commissioner of Urban and Economic Development. Within 45 days following receipt by the Commissioner of Urban and Economic Development of a completed application or such longer time as may be agreed to by the applicant, the Commissioner of Urban and Economic Development shall approve or deny the certificate of nonconformity.
(3) 
Approval or denial. If, upon reviewing an application for a certificate of nonconformity, the Commissioner of Urban and Economic Development shall determine if the required documents and proof is in order and determine if the use, lot, structure or sign:
a. 
Was lawfully existing at the time of the adoption of the provision creating the nonconformity in question;
b. 
Has been in continuous use since its establishment with no period of discontinuance causing abandonment and is not in violation of any provisions of this chapter;
c. 
The Commissioner of Urban and Economic Development shall issue a certificate evidencing such facts and setting forth the nature and extent of the nonconformity and the date, if any, upon which such nonconformity shall be terminated; otherwise, the Commissioner of Urban and Economic Development shall decline to issue such certificate and shall declare such building, structure or sign to be in violation of this chapter.
(e) 
Appeals. Appeal of a decision by the Commissioner of Urban and Economic Development on a certificate of nonconformity shall be taken to the Zoning Board of Appeals within 60 days of the decision.