[Amended 6-20-2006; at time of adoption of Code (see Ch.
1, General Provisions, Art. II)]
If, at the time of enactment of this chapter, any lot, building or structure is being used in a manner or for a purpose which does not conform to the provisions of this chapter and which is not prohibited by some other ordinance, such manner of use or purpose may be continued, and any renewal or change of title of possession or right to possession or lease of any such lot, building or structure shall not be construed to prevent the continued nonconforming use of such lot, building or structure, as herein provided. Any such nonconforming use which is not otherwise unlawful may be hereafter extended throughout any part of a building or structure, if indoors, or lot, if outdoors, which was manifestly arranged or designed for such use at the time of enactment of this chapter, provided that the yard, setback and height regulations of the district in which the use is located are observed. No building or structure containing a nonconforming use shall be hereafter extended or enlarged except in conformance with the provisions of this chapter. No building or structure in which active nonconforming use is discontinued for a period exceeding one year subsequent to the enactment of this chapter shall again be devoted to any prohibited use. Whenever a nonconforming use of a building 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, unless such use would conform to the zoning for the area. Notwithstanding the restriction set forth above, a single-family detached dwelling which is nonconforming due to minimum yards set forth in Articles III and IV for the district in which it is located may be enlarged or altered, provided that the enlargement or alteration itself conforms to the requirements set forth in Articles III and IV.
A.
Whenever a nonconforming use of a building has been
abandoned or when such a use has been discontinued, any reuse of the
building shall conform to this chapter. Whenever a nonconforming use
of an open area or tract has been discontinued, any reuse of the property
shall conform to this chapter. However, this shall not be interpreted
to interfere with temporary seasonal nonconforming uses that have
been in continual operation for a period of two or more years prior
to the effective date of this chapter.
B.
Any building damaged by fire or other causes to the
extent of 75% or more of its assessed valuation may be rebuilt only
in accordance with this chapter. If any building which has contained
a nonconforming use is moved or removed, the subsequent use of the
property shall conform to this chapter. However, if a nonconforming
structure is a single-family dwelling or an historical area as herein
defined, it may be restored or replaced, regardless of the percentage
of destruction.
C.
Permits previously issued. The use of a nonconforming
building or land area for which a permit was issued legally prior
to the adoption of this chapter may proceed, provided that such building
is completed within one year or such use of land established within
30 days after the effective date of this chapter.
Existing residential lots of record, including
lots shown on a subdivision plan approved or recorded prior to the
adoption of this chapter, which have areas or yard dimensions less
than the minimum(s) required by this chapter shall not be considered
in violation of any of the following specific regulations:
