[Amended 5-19-2003 by L.L. No. 4-2003]
The lawful use of any building or land existing
at the time of the enactment of this chapter may be continued, although
such use does not conform to the provisions of this chapter. The Superintendent
of Buildings shall be responsible for the administration and enforcement
of this article.
A. Unsafe structures. Any structure or portion thereof declared unsafe may be restored to a safe condition except as prohibited by Subsections
B and
C of this section.
B. Dimensional nonconformity. A building or structure
that is conforming in use but does not conform to one or more of the
area, dimensional or other such requirements of this chapter shall
be deemed to be dimensionally nonconforming. No permit shall be issued
that will result in the increase of any such nonconformity, but any
such nonconforming building or structure, or portion thereof, may
be altered in ways which would not increase the dimensional nonconformity.
[Amended 11-21-2005 by L.L. No. 6-2005; 11-5-2007 by L.L. No. 15-2007]
C. Extension. A nonconforming use shall not be extended,
but the extension of a lawful use to any portion of a nonconforming
building which existed prior to the enactment of this chapter shall
not be deemed an extension of such nonconforming use.
(1) No building, other than a residence in a residence
district, damaged by fire or act of God to the extent of more than
50% of the structure, shall be repaired or rebuilt except in conformity
with the provisions of this chapter, except that the regulations for
off-street parking for a business building in a B-1 or B-2 District
may, upon approval of the Zoning Board of Appeals, be reduced.
(2) Any residence in a residence district which has been
damaged or destroyed may be rebuilt.
D. Abandonment. Whenever a nonconforming use has been
discontinued or ceases operation for a period of six months or more,
or is changed to a conforming use, such nonconforming use shall not
thereafter be reestablished, and any future use of the premises shall
be in conformity with the provisions of this chapter.
E. Changes. Once changed to a conforming use, no building
or land shall be permitted to revert to a nonconforming use.
F. Displacement. No conforming use shall be extended
to displace a conforming use.
G. District changes. Whenever the boundaries of a district
shall be changed so as to transfer an area from one district to another
district of a different classification, the foregoing provisions shall
also apply to any nonconforming uses existing therein.