[Amended 9-16-1969 by Ord. No. 73; 3-10-1981 by Ord. No. 106]
[Amended 3-26-1985 by L.L. No. 2-1985; 4-12-2011 by L.L. No. 6-2011[1]]
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.
[1]
Editor's Note: This local law also amended the title of this article, formerly Nonconforming Uses and Noncomplying Buildings and Uses.
A. 
A noncomplying building is any building which contains a use permitted in the district in which it is located but does not conform to the district regulations for lot area, width or depth; front, side or rear yards; maximum height; lot coverage; or minimum livable floor area per dwelling unit.
B. 
A noncomplying use is any use, whether of a building or tract of land, or both, which conforms to the use regulations of the district in which it is located but does not comply with the specific standards for such use.
C. 
Nothing in this Article shall be deemed to prevent normal maintenance and repair, structural alteration in, moving, reconstruction or enlargement of a noncomplying building or use, provided that such action does not increase the degree of, or create any new, noncompliance with regard to the regulations pertaining to such building or use.
D. 
In reviewing a site plan for the alteration of a noncomplying use, the Planning Board shall make requirements with regard to bringing the use into compliance or closer into compliance with the Zoning Ordinance standards for said use.
E. 
Any building or 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 noncomplying building or use.
[Added 8-13-1985 by Ord. No. 120]
[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.