A.
A nonconforming use lawfully existing at the effective
date of this chapter or any amendment or addition to this chapter
which would affect such use may be continued, subject to the provisions
of this article.
[Amended 2-17-1981 by L.L. No. 1-1981]
B.
A nonconforming building lawfully existing at the
effective date of this chapter may continue to be used, subject to
the provisions of this article.
A vested nonconforming use shall not be changed
to any other nonconforming use, whether or not of the same kind and
character, nor shall it be enlarged or extended to occupy a greater
area of land or building than that actually physically occupied at
the effective date of this chapter, nor shall any nonconforming use,
structure or building be moved to or resumed at another location,
nor shall any vested nonconforming building or structure be enlarged,
extended, reconstructed or structurally altered (except that ordinary
repair and maintenance and alterations required by law shall be permitted,
provided that such repair or alterations shall not increase the degree
of nonconformity of the building or substantially prolong the expected
life thereof or increase the cubical content of the building).
If any nonconforming use or building is changed
to a conforming use or building, it shall not again be changed or
altered except in conformity with the regulations prescribed by this
chapter.
A.
Damage. If a vested nonconforming building or a building
or structure containing a nonconforming use, lawfully existing at
the effective date of this chapter, is damaged by any means to an
extent of less than 50% of the full value thereof, such building or
structure shall not be rebuilt or reconstructed except in conformity
with the regulations of this chapter, unless reconstructed within
one year after such damage and upon the same plan and with the same
content as that of the original building or structure.
B.
Destruction. If a vested nonconforming building or
a building or structure containing a vested nonconforming use, lawfully
existing at the effective date of this chapter, is destroyed or damaged
by any means to an extent of 50% or more of the full value thereof
or if such building is moved for any reason for any distance whatever,
the said building or structure shall thereafter be rebuilt or reconstructed
and used only in accordance with the regulations prescribed by this
chapter.
A.
If any vested nonconforming use is discontinued for
a continuous period of one year, the land, building or structure where
such vested nonconforming use previously existed shall thereafter
be used and occupied only in conformity with the regulations prescribed
by this chapter. Intent to resume active operations shall not affect
the foregoing, except that the provisions of this section shall not
apply where such discontinuance is directly caused by war, strike
or the construction of a public improvement by a governmental agency
or proven disability of the owner for a period of not more than one
year.
B.
If the use of any vested nonconforming building or
structure is discontinued for a continuous period of two years, then
use of such vested nonconforming building or structure shall not be
resumed without the approval of the Board of Appeals, unless and until
such building or structure is altered, modified or changed into conformity
with the provisions of this chapter. Intent to resume active operations
shall not affect the foregoing, except that the provisions of this
section shall not apply where such discontinuance is directly caused
by war, strike or the construction of a public improvement by a governmental
agency or proven physical disability of the owner for a' period of
not more than one year. In determining whether the use of such building
may be resumed without conformity to the requirements of this chapter,
the Board of Appeals shall take into consideration the remaining useful
life of such building or structure as of the date of the application,
the extent of the nonconformities existing therein and whether such
resumption may be permitted with substantial justice to neighboring
property owners and compatibility with the character and appearance
of the immediate neighborhood.
[Added 8-20-1966]
On existing substandard lots which are unimproved
and in bona fide single separate ownership on the effective date of
this chapter or which become substandard through an amendment or amendments
imposing greater minimum lot area or frontage requirements, a building
may be erected, provided that all use, front yard, rear yard, side
yard, height, minimum habitable floor area and maximum lot coverage
requirements and restrictions are complied with; provided, however,
that if at any time after the effective date hereof the owner has
owned or acquired an additional contiguous vacant and unimproved lot
or parcel which, if added to or merged with such substandard lot,
would have permitted the latter to conform to the requirements of
this chapter, then, in effect, the exemption set forth in this section
shall not apply. The addition of a portion of such contiguous, unimproved
land to the then existing substandard lot under the foregoing provisions
shall not constitute a subdivision of such contiguous plot.
