[Amended 3-26-1985 by L.L. No. 2-1985; 4-12-2011 by L.L. No.
6-2011]
A. A grandfathered use is any use, whether of a building or tract of
land or both, existing on the effective date of this chapter, which
does not conform to the use regulations of the district in which it
is located.
B. The following provisions shall apply to all grandfathered uses existing
on the effective date of this chapter and to all uses that become
grandfathered by reason of any subsequent amendment to this chapter.
(1) Grandfathered uses. Any grandfathered use of buildings or land, except those specified in §
200-38 herein, may be continued indefinitely subject to the following:
(a)
They shall not be enlarged, altered, extended, reconstructed or restored, except as provided in Subsection
B(1)(d), or placed on a different portion of the lot or parcel of land occupied by such uses on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever.
(b)
They shall not be moved to another location where such use would
be nonconforming.
(c)
They shall not be reestablished if such use has been discontinued
for any reason for a period of one year or more.
(d)
They may be restored after damage from a natural disaster (for
example, fire, flood, lightning, etc.).
C. Any use constructed in conformance with site development plans approved pursuant to Article
VI, Designed Multiple-Use Development, prior to its deletion from this chapter, shall not be considered a grandfathered use.
[Amended 4-12-2011 by L.L. No. 6-2011]
Each of the grandfathered uses specified herein is deemed sufficiently
objectionable, undesirable and out of character in the district in
which such use is located as to depreciate the value of other property
and uses permitted in the district and to blight the proper and orderly
development and general welfare of such district and the community
to the point that each of such grandfathered uses shall be terminated
on or before the expiration of the specified period of time after
the effective date of this chapter, which period of time is specified
for the purpose of permitting the amortization of the remaining value,
if any, of such use:
A. In any residence district, any grandfathered use of land, including
such uses as a parking lot, trailer, junkyard or storage yard for
materials or equipment, may be continued for one year after the effective
date of this chapter, provided that after the expiration of that period
such grandfathered use shall be terminated.
B. In any residence district, any sign not of a type permitted, or of
a permitted type but greater than the maximum permitted size, may
be continued for one year following the effective date of this chapter,
provided that after the expiration of that period such grandfathered
use shall be terminated.
Notwithstanding any of the foregoing regulations,
nothing in this section shall be deemed to prevent normal maintenance
and repair of any use or building or the carrying out, upon the issuance
of a building permit, of major structural alterations or demolitions
necessary in the interest of public safety. In granting such a building
permit, the Building Inspector shall state the precise reason why
such alterations were deemed necessary.