All lawful structures and uses not conforming to the regulations
of the zoning district in which they are located at the time of the
effective date of this chapter or amendments thereto shall be known
and regarded as "nonconforming."
A nonconforming structure or use may be continued subsequent to adoption of this chapter, provided that no such structure may be enlarged or altered in a way which increases its nonconformity, and no such use shall be enlarged or increased to occupy a greater area of land than was occupied at the effective date of adoption of this chapter except in accordance with § 114-73 below.
To avoid undue hardship, nothing herein contained shall require any
change in plans, construction or designated use of a structure for
which a building permit was issued more than 30 days prior to the
effective date of this chapter and the construction of which is begun
and diligently executed within three months after the enactment hereof
and which building shall be completed within two years of the effective
date of this chapter.
A use of land or structure which does not conform to the regulations
of this chapter shall not be altered, reconstructed, extended, or
enlarged, except in accordance with the following provisions:
Any increase in volume, area, or extent of the nonconforming use shall not exceed an aggregate of more than 50% of the area allocated to a nonconforming use during the life of the non-conformity. Such increase in volume, area, or extent of the non- conforming use shall be permitted only by special use permit, under the provisions of Article VII.
For the purposes of this section "volume" does not mean volume of
business but rather an increase of cubic volume within a structure
or on a parcel of land.
No structure damaged by fire or other causes to the extent of more
than 75% of its fair market value shall be repaired, reconstructed
or used except in conformity with the regulations of this chapter.
Structure with damage to the extent of 75% or less of the fair market
value may be reconstructed, repaired or used for the same nonconforming
use subject to the following provisions:
Reconstruction shall begin within one year from the date of the damage
and shall be carried on without interruption. Site clearing shall
be completed within 60 calendar days from the date that all actions
that are required to take place before site clearing have been fulfilled,
such as site inspections required by insurance companies or for any
criminal investigations.
Whenever a nonconforming use has been discontinued for a period of
18 consecutive months, 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 structure or land shall be permitted
to revert to a non- conforming use. A nonconforming use may be changed
to another nonconforming use only under the following conditions:
The applicant shall show that the nonconforming use cannot reasonably
be changed to a permitted use in the district where such nonconforming
use is located. The burden of proof is on the owner of the use or
applicant for the special use permit being sought.
Traffic generation and congestion including truck, passenger
car, and pedestrian traffic; noise, smoke, dust, noxious matter, heat,
glare, vibration; storage and waste disposal; and appearance.
Whenever the boundaries of a zoning district shall be changed so
as to transfer an area from one zoning district to another zoning
district of a different classification, the foregoing provisions shall
also apply to any nonconforming uses or structures existing or created
by such transfer.
A zoning permit shall be issued by the Code Enforcement Officer for
all lawful nonconforming uses existing at the effective date of this
chapter. The zoning permit shall include a statement that the use
is nonconforming and shall list the specific conditions under which
said use may continue. It shall be signed by both the Code Enforcement
Officer and the owner. The burden of seeking out and securing a zoning
permit for a nonconforming use is that of the property owner and not
the Code Enforcement Officer.