Except as otherwise provided in this article,
the lawfully permitted use of land or buildings existing at the time
of the adoption of this chapter may be continued, although such use
does not conform to the standards specified in this chapter for the
zone in which such land or building is located. Said uses shall be
deemed nonconforming uses.
Where no building is involved, the nonconforming
use of land may be continued; provided, however, that no such nonconforming
use shall be enlarged or increased, nor shall it be extended to occupy
a greater area of land than that occupied by such use at the time
of the adoption of this chapter, unless specifically allowed by other
provisions in this chapter, nor shall any such nonconforming use be
moved in whole or in part to any other portion of the lot or parcel
of land occupied by such nonconforming use of land, or any portion
thereof ceases for any reason for any continuous period of more than
six months, or is changed to a conforming use. Any future use of the
land shall be in conformity with the provisions of this chapter. No
nonconforming use of land shall be changed to another nonconforming
use.
A.
A building or structure, the use of which does not conform to the use regulations for the district in which it is situated, shall not be enlarged or extended unless the use therein is changed to a conforming use. (See also § 288-117.)
B.
Such nonconforming building shall not be structurally
altered to an extent greater than 50% of its actual area, unless such
alterations are required by law; provided, however, that such maintenance
and repair work as is required to keep a nonconforming building or
structure in sound condition shall be permitted, and provided further
that any such nonconforming use may be extended throughout any parts
of the building which were manifestly arranged or designed for such
use at the time of the adoption of this chapter.
C.
A nonconforming use of a building may be changed only
to a conforming use.
D.
If any nonconforming use of a building ceases for
any reason for a continuous period of more than six months, or is
changed to a conforming use, or if the building in or on which such
use is conducted or maintained is moved for any distance whatever
for any reason, then any future use of such building shall be in conformity
with the standards specified by this chapter for the district in which
such building is located.
E.
If any building in which any nonconforming use is
conducted or maintained is hereafter removed, the subsequent use of
the land on which such building was located and the subsequent use
of any building thereon shall be in conformity with the standards
specified by this chapter for the district in which such land or building
is located.
A building that is conforming in use but does not conform to the height, yard or land coverage requirements of this chapter shall not be considered to be nonconforming within the meaning of § 288-116. No permit shall be issued that will result in the increase of any nonconformity in height, yard space or land coverage.
[Amended 4-21-2014 by L.L. No. 2-2014; 5-13-2019 by L.L. No. 4-2019]
If any building legally nonconforming in use
shall be destroyed by any means, by more than 60% of its assessed
valuation, it may be repaired or reconstructed only in conformity
with the regulations of this chapter and the Building Code. All repairs
or reconstruction for such nonconforming use shall be started within
one year of the date on which the destruction occurred.
No dwelling shall be erected in any use district
which has a habitable floor space of less than 1,000 square feet.
No trailer, house car, mobile home, bus, truck
or other motor vehicle shall be used or occupied as a place for living.
