[Amended 4-6-1987 by Ord. No. 443]
Except as otherwise provided in this article,
the lawful use of buildings existing at the date of the adoption of
this chapter may be continued although such use or building does not
conform to the regulations specified by this chapter for the zone
in which such building is located; provided, however, that:
A.
No nonconforming lot shall be further reduced in size.
B.
No nonconforming building shall be enlarged, extended
or increased unless such enlargement would tend to reduce the degree
of nonconformance; provided, however, that alterations or enlargements
that do not increase the degree of nonconformity are permitted. Increasing
the degree of nonconformity by construction or alteration is considered
to be a further reduction of permitted front, side or rear yard setbacks
or further increase over permitted lot coverage, further increase
in permitted building height or further extension above the permitted
building plane.
[Added 4-6-1987 by Ord. No. 443; amended 9-11-2000 by Ord. No.
2000-6]
As of the effective date of this amendatory ordinance, no construction shall be permitted on vacant lots that do not meet the criteria for minimum lot size as provided for in § 215-66 of this chapter.
A nonconforming use shall be adjudged as abandoned
when there occurs a cessation of any use or activity by an apparent
act or failure to act on the part of the tenant or owner to reinstate
such use within a period of one year from the date of cessation or
discontinuance.
Any nonconforming structure existing at the
time of the passage of this chapter may be restored or repaired in
the event of partial destruction thereof, provided that said structure
or use thereof is not abandoned. Nothing in this chapter shall prevent
any such existing nonconforming structure from being restored to a
safe condition or from being repaired, reconstructed or structurally
altered, provided that such restoration, repair, reconstruction or
alteration would comply with all other municipal regulations and ordinances;
and provided, further, that no restoration, repair, reconstruction
or alteration shall in any way enlarge or extend any nonconforming
structure or nonconforming use.
No nonconforming use shall, if once changed
into a conforming use, be changed back again to a nonconforming use.
A nonconforming building may be reconstructed
but not enlarged or extended, unless said building is changed to a
building conforming or more nearly conforming to the requirements
of this chapter; provided, however, that alterations or enlargements
that do not increase the degree of nonconformity are permitted.
Whenever the boundaries of a district shall
be changed so as to transfer an area from one district to another
of a different classification, the foregoing provisions shall also
apply to any nonconforming uses existing therein or created thereby.
