Any existing lawful use of land which does not conform to the
regulations of the district in which it is located, either because
of the original passage of this chapter or because of subsequent amendment
of applicable regulations, shall be considered as a nonconforming
use which may continue on such land but shall be subject to regulations
governing nonconforming uses.
Any lawful building or the lawful use of any building which
does not conform to use, height, location, size, bulk or other regulations
of the district in which it is located, either because of the original
passage of this chapter or because of subsequent amendment of applicable
regulations, shall be considered a nonconforming building or use and
may continue as such in its present location, but shall be subject
to the regulations governing nonconforming uses.
A nonconforming building or use shall be considered as such
unless and until it complies with the regulations of the district
in which it is located. Such use shall not be changed to a use designated
for a district having less restrictive regulations.
If a nonconforming use of land ceases and the landowner intends
to abandon the use, then subsequent use of such land shall be in conformity
with the regulations of the district in which it is located. Should
a nonconforming use cease for a continuous period of six months or
more, then it shall be presumed that the landowner has intended to
abandon such nonconforming use. A nonconforming use cannot be resumed
as a nonconforming use of a lower class.
Any lawful nonconforming use of a portion of a building may
be extended throughout the building or any building of which a lawful
nonconforming use is made may be extended upon the lot occupied by
such building and held in single and separate ownership on the effective
date of this chapter, or such lawful nonconforming use may be continued
in any new building erected upon the lot or tract held in single and
separate ownership on the effective date of this chapter; and further,
such lawful nonconforming use may be continued on adjoining lots as
a special exception, provided that, in all such cases, any structure,
alteration, extension or addition shall conform with all the height,
area, width, yard and coverage requirements for the district in which
it is located.
The Zoning Hearing Board shall have discretion to determine
what resumption or change of nonconforming use is of the same class
of use and permissible.
A nonconforming building which has been damaged or destroyed
by fire, explosion, accident or calamity or which has been legally
condemned (as contrasted to deterioration due to time or neglect)
may be reconstructed and used for the nonconforming use, provided
that:
A. The reconstructed building shall not exceed in height, area and volume
the building damaged, destroyed or condemned.
B. If building reconstruction is not started within one year from the
date the building was damaged, destroyed or condemned and such reconstruction
is not carried on without interruption, it shall be presumed that
the landowner has intended to abandon such nonconforming building.
A building containing a nonconforming use and a building nonconforming
as to area and height, destroyed by fire or legally condemned, may
be reconstructed and used for the same nonconforming use, provided
building reconstruction is commenced within one year and carried to
completion without interruption, and provided that the building when
rebuilt does not exceed in height or area the building so destroyed
or condemned, subject also to other regulations of nonconforming uses
herein contained.
A temporary nonconforming use which will benefit the public
health or welfare or promote proper development of a district in conformity
with the intent of this chapter may be permitted for a period of not
longer than one year, on approval of the Zoning Hearing Board.