Legal nonconforming status applies to any use,
activity, structure, building, dwelling units, sign or other improvements,
or land area which was in lawful use at the time of passage of this
chapter, but which is not in conformity with the provisions of this
chapter.
Any legal nonconforming use shall be permitted
to continue until such time as such use is discontinued, destroyed,
demolished or changed to another use.
If a legal nonconforming use is discontinued
or abandoned for a period of 12 months, it shall not be allowed to
be resumed, and any future use of such building or land must conform
to the provisions of this chapter.
If a legal nonconforming use is destroyed by
accident or by an act of God, such structure may be restored, provided
the total floor space, cubic content and location on lot are not altered
or increased, and provided that reconstruction of damaged buildings
shall commence within eight months of the date of damage and to be
completed within two years from that date. If such a structure is
demolished at the direction of the owner, it may not be reestablished,
and any future use of the site or lot must conform to the provisions
of this chapter. Nothing shall prevent the performance of normal maintenance
work, or work necessary to comply with safety codes, on a legal nonconforming
use.
[Amended 12-15-2011, effective 12-15-2011]
A. The area of a legal nonconforming land use shall not
be enlarged by acquisition.
B. Expansion of a legal nonconforming use is allowed
for up to 50% expansion of the area dedicated to a legal nonconforming
use in either the primary or secondary structure(s).
Any use which is nonconforming in dimension but conforms in use shall be exempt from the provisions of §§
350-61 and
350-62 of this article, provided the dimensional use nonconforming is not increased in any way.