Lots, structures, uses of land and structures and characteristics
of use which lawfully existed at the time of the enactment of this
chapter and which would be prohibited or restricted under the terms
of this chapter may be continued, subject to the following provisions.
It is the intent of this chapter to permit nonconforming uses
to continue until they are removed, but not to encourage their survival.
Any recorded lot held in single and separate ownership prior
to the adoption of this chapter and whose area and/or width and/or
depth are less than the specified minimum lot requirements in this
chapter for that district may be considered as complying with such
minimum lot requirements, and no variance shall be required, provided
that:
A. Such lot does not adjoin any other lot or lots by the same owner
whose aggregate area is equal to or greater than the minimum lot area
required for that district.
B. Yards shall conform to the dimensions and requirements herein for
the district in which such lot is located.
A lot of nonconforming size may be subdivided if each and every
subdivision of such lot is purchased by the owner of adjoining lots.
No lot may be reduced in area so that it creates a nonconforming lot
in violation of any provision of this chapter.
No nonconforming use shall be enlarged or increased in any manner
nor extended to occupy a greater area of land than was occupied at
the effective date of the adoption of this chapter.
Any structure or portion thereof declared unsafe by a proper
authority may be restored to a safe condition.
A nonconforming building may not be reconstructed or structurally
altered to an extent exceeding an aggregate cost of 50% of the full
value of said building unless the building shall be changed to a conforming
use.
No nonconforming building damaged by fire or other causes to
the extent of more than 75% of its full value shall be repaired or
rebuilt except in conformity with the requirements of this chapter.
[Amended 4-3-1989 by L.L.
No. 4-1989; 7-3-1989 by L.L. No. 9-1989]
Whenever a nonconforming use has been discontinued for a period
of 365 days or one year, whichever is more suitable, such use shall
not thereafter be reestablished, and any future use shall be in conformity
with the provisions of this chapter.
Once changed to a conforming use, no use of a structure or land
so changed shall be permitted to revert to a nonconforming use.
No nonconforming use shall be extended to displace a conforming
use.
To avoid undue hardship, nothing in this chapter shall be deemed
to require a change in the plans, construction or designated use of
any building on which actual construction was lawfully begun prior
to the effective date of adoption or amendment of this chapter and
upon which actual construction has been carried on diligently. ("Actual
construction" denotes that materials are in a permanent position and
are fastened in a permanent manner.)
If no structural alterations are made, a nonconforming use of
a structure, or structure and premises, may be changed to another
nonconforming use by special permit, provided that the Board, by general
rule, or that the proposed use is no less appropriate to the district
than the existing nonconforming use. When such change is permitted,
the Board may require appropriate conditions and safeguards in accordance
with the provisions of this chapter.
Should any nonconforming structure be moved for any reason for
any distance whatsoever, it shall thereafter conform to the regulations
for the district in which it is located after it is moved.