[Amended 1-9-2001 by L.L. No. 1-2001]
Any modification of a nonconforming element
subsequent to the enactment of this chapter or amendment hereto, including
any addition, enlargement, alteration, structural alteration or change
in use, shall be the subject of this article as detailed in the following
sections.
A.
General maintenance and repair. Except as otherwise
provided for in this section, legal nonconforming structures may continue
to exist and be maintained and repaired.
B.
Structural alterations, renovations and additions.
Alterations, renovations and additions to a legal nonconforming structure
may be made upon issuance of a building permit and only to the extent
that such alterations, renovations and additions do not increase the
degree of nonconformity and only to the extent that any nonconforming
use related to such structure is not expanded. Any structure may be
altered to decrease its nonconformity upon issuance of a proper building
permit.
C.
Damaged structures. Legal nonconforming structures
may be repaired and restored to their former condition after sustaining
damage by casualty loss or deterioration due to the elements, except
where the damage involves over 50% of the gross floor area of the
structure or 50% of the floor area devoted to a nonconforming use
or such damage exceeds 50% of the total replacement cost of the damaged
structure as determined by a licensed insurance adjuster or other
legal representative of the insuring company.
A.
Except as otherwise provided herein, legal nonconforming
uses may continue to exist.
B.
A legal nonconforming use may not be enlarged to occupy
additional floor area within an existing structure or additional lot
space nor be converted to another use except in conformance with this
chapter.
C.
No nonconforming use, if changed to a conforming use,
shall thereafter be changed back to a nonconforming use.
D.
The provisions of the above § 240-21C relating to the repair and restoration of damaged structures shall apply to conforming structures containing a nonconforming use.
E.
Any nonconforming use of a structure of land which
has ceased for a consecutive period of six months, as certified by
the Code Enforcement Officer, shall be deemed abandoned and may not
be reestablished as a nonconforming use, and, thereafter, such structure
or land or portion thereof shall be used in conformity with this chapter.
A nonconforming lot in a residential district
may be improved with a single-family dwelling, provided that all yard
setback and off-street parking requirements can be met.
A.
Parking (see Article VI, § 240-27). No modification of a structure, whether an addition or an internal renovation, which increases the floor area devoted to an otherwise conforming use shall be made if such modification introduces or increases the degree of nonconformity with respect to off-street parking requirements.
