The use of any building, structure or land which
is made nonconforming by reason of the enactment of this Part 1, or
which shall be made nonconforming by reason of a subsequent amendment,
may be continued, subject to the following provisions.
A nonconforming building or structure may be
repaired, altered, improved or reconstructed, provided that the number
of square feet of floor area devoted to the nonconforming use is not
increased, except as provided hereinafter in this Part 1.
A nonconforming building or structure damaged
or destroyed by fire, explosion or act of God may be rebuilt, provided
that the rebuilding is begun within one year of the disaster, and
provided that the number of square feet of floor area devoted to the
nonconforming use is not increased, except as provided hereinafter
in this Part 1.
A nonconforming use of a building or structure
shall not be extended, nor shall a nonconforming use of a part of
a building or structure be extended to other parts of the building
or structure, unless those parts were manifestly arranged or designed
for such use prior to the enactment of this Part 1 or of any amendment
making such use nonconforming, except as provided hereinafter in this
Part 1. A nonconforming open use of land may not be extended to any
part of the remainder of the lot.
The Board of Appeals may grant permission for
the enlargement of any use made legally nonconforming by the district
provisions of this Part 1. In reviewing all such applications for
enlargement or replacement, the Board of Appeals shall use the criteria
established herein for the consideration of special exceptions.
A nonconforming use of a building, structure
or land may be changed to another nonconforming use only when, in
the opinion of the Board of Appeals, the new use is not more objectionable
or detrimental to adjacent properties than the former use.
A nonconforming use of a building, structure
or land which has been abandoned shall not thereafter be resumed.
A nonconforming use shall be considered abandoned:
A. When it has been replaced by a conforming use.
B. When it has been discontinued for a period of five
years.
[Amended 3-10-1998 by Order No. 9-98]
C. When it has been changed to another nonconforming
use under permit from the Board of Appeals.
Nothing herein contained shall require any change
in plans, construction or structure, the construction of which shall
have been diligently prosecuted previously to May 26, 1976.