A nonconforming use or building or tract, as defined in §
155-6, may be continued and any nonconforming use and building may be reconstructed or structurally altered and the nonconforming use changed, subject to the following regulations:
A. A nonconforming building or structure can be altered,
extended or enlarged only if such alteration, extension or enlargement
does not increase the existing nonconformity.
B. A nonconforming use may be continued although such
use does not conform to the provisions of this chapter, and such use
may be extended throughout the premises lawfully acquired previous
to the adoption of the chapter or any amendment to this chapter, provided
that such extension of use is in conformity with the provisions of
this chapter.
C. A nonconforming use of a building or premises may
be changed to a use of the same or higher classification according
to the provisions of this chapter.
D. Whenever a district shall hereafter be changed, any
then-existing nonconforming use of a building or premises in such
changed district may be continued or changed to a use of the same
or higher classification, provided that there is compliance with all
other regulations governing the new use.
E. Whenever a nonconforming use of a building or premises
has been abandoned or changed to a higher classification or to a conforming
use, such use shall not thereafter be changed to a use of any other
classification unless so zoned.
F. Discontinuance of any nonconforming use for a period
of one year or more terminates such nonconforming use of a structure
or premises, and, thereafter, said structure or premises shall not
be used except in conformity with the provisions of the chapter.
G. Any lot held in single and separate fee ownership
upon which a building could be legally erected (i.e., a legally buildable
lot) on the date of the enactment of this chapter but which is no
longer legally buildable because of the size, width or depth requirements
of this chapter shall continue to be a legally buildable lot, subject
to the provisions of this chapter, with the exception of such size,
width or depth dimensions as shall have been substandard at the time
of enactment of this chapter.
H. In the case of any lot which is substandard in area
by the terms of this chapter but was once legally buildable and thereafter
singly and separately held in fee ownership, the rights acquired or
existing therein for the use of said lot as a legally buildable lot
shall terminate and become nonexistent and void should said substandard
lot merge in fee with any adjoining land or property, thereby creating
a larger lot, whether or not such larger lot conforms to the area
requirements of this chapter, or thereby enlarging an adjoining lot
already conforming to such requirements. Such merger shall be deemed
to occur when the same person or persons acquire, obtain or have fee
ownership in both lots, whether by purchase, sale, devise, gift or
otherwise.