Except as provided in §§
130-71 and
130-72, any use of land, or a building or structure or part thereof, existing at the time that this chapter or any amendment hereto becomes effective, may be continued, subject to the provisions of §§
130-73,
130-74,
130-75 and
130-76, although such building or structure or use does not conform to the provisions of the district in which it is situated.
When a nonconforming use has been discontinued
for a period of not less than one year, it shall not be reestablished,
and the future use shall be in conformity with the provisions of this
chapter.
Notwithstanding any other provision of this
chapter, any automobile or other salvage yard or any nonconforming
billboard sign or advertising device in existence in a residential
district at the time of the adoption of this chapter or amendment
thereto shall be discontinued within three years from the date of
such adoption or amendment.
No nonconforming use shall be changed to other
than a conforming use for the district in which it is situated.
A nonconforming use is hereby required to be
maintained in such a condition as will not constitute a danger to
the safety or general welfare of the public.
Alterations, extensions and repair of the nonconforming
use, in order to comply with the provisions of this article, are permitted,
provided that such alterations, extensions and repairs shall not tend
to increase the inherent nuisance, nor shall such alteration, extension
and repair violate any provisions of this chapter regarding yards,
lot area or lot coverage for the district in which it is situated,
or to increase any existing violations of such provisions.
No nonconforming use of land shall be extended
beyond the original boundaries of such nonconforming use existing
at the time that this chapter or any amendment hereto becomes effective.
No building or structure designed for or intended
to be utilized for a nonconforming use shall be constructed unless
construction, reconstruction or alteration is already underway at
the time the enactment or subsequent amendment of this chapter and
is being diligently prosecuted so that such building or structure
will be completed within 18 months from the time of the enactment
or subsequent amendment of this chapter. All outstanding building
permits for construction which do not meet these requirements shall
be rendered null and void by the enactment or subsequent amendment
of this chapter.
The above limitations shall not apply to a building
or other structure utilized as a dwelling which is nonconforming only
in respect to yard space or dwelling and nonconforming to the district
in which located, except that no building shall be altered, added
to or reconstructed to extend further into an already deficient yard
space or to reduce an already deficient amount of land area per dwelling.
Temporary permits may be issued by the Zoning
Enforcement Officer for a period not exceeding one year for nonconforming
uses incident to housing and construction projects, including structures
and uses as storage of building materials and machinery, the processing
of building materials and a real estate office located on the tract
being offered for sale, provided that such permits are conditioned
upon agreement by the owner or operator to remove the structure or
structures or use upon expiration of the permit. Such permits may
be renewed upon application to the Zoning Enforcement Officer for
additional six-month periods, provided that the Zoning Enforcement
Officer determines that substantial progress is being made.