Except as otherwise provided herein, the lawful
use of land or buildings, existing at the effective date of adoption
of this chapter, may be continued although such use does not conform
to the provisions hereof. If no structural alterations are made, a
nonconforming use of a building may be changed to another nonconforming
use of the same or of a more restricted classification. Whenever a
nonconforming use of land or buildings has been changed to a more
restricted use or to a conforming use, such use shall not thereafter
be changed to a less restricted use. The nonconforming use of a building
may be hereafter extended throughout those parts of a building which
were lawfully and manifestly arranged or designed for such use at
the time of the adoption of this chapter.
No building or portion thereof used in whole
or in part for a nonconforming use in any district which remains idle
or unused for a continuous period of one year, whether or not the
equipment or fixtures are removed, shall again be used except in conformity
of the provisions of the district in which such building or land is
located.
A nonconforming use of a building or a nonconforming use of a nonconforming building may be extended on the same lot approved as a special exception by the Board of Adjustment as provided in Article
XIX of this chapter, subject to the following special requirements:
A. Extensions for a use which is necessarily incident
to the existing use.
B. Such extension shall not encroach on any of the setback
or yard requirements for the district in which the use is located.
C. The estimated cost of any extension involved does
not exceed 50% of the replacement value, as determined by the Board
of Assessment of the Town of Selbyville, of the existing building
to which it is incident.
D. Such extension shall have a floor area not exceeding
25% of the floor area of the existing building to which it is incident.
E. The value of the adjoining property will not be impaired
and the character of the neighborhood will not be adversely affected.
The casual, intermittent, temporary or illegal
use of land or buildings shall not be sufficient to establish the
existence of a nonconforming use, and the existence of a nonconforming
use on a part of a lot or tract shall not be construed to establish
a nonconforming use on the entire lot or tract.
Whether a nonconforming use shall exist shall
be a question of fact and shall be decided by the Board of Adjustment
after public notice and hearing in accordance with the rules of the
Board of Adjustment.
A building nonconforming only as to height,
area or bulk requirements may be altered or extended, provided such
alteration or extension does not increase the degree of nonconformity
in any respect.
A nonconforming use in violation of a provision
of this chapter which this chapter amends or replaces shall not be
validated by the adoption of this chapter unless such use complies
with the term of this chapter.
A nonconforming building destroyed to the extent
of 90% of its assessed value, if reconstructed as permitted herein,
shall comply with the provisions of this chapter as to any off-street
parking requirements for the use and any height, area or bulk requirements
of the district in which the building is located.