A.
Within the zoning districts established by this chapter
or any subsequent amendment hereto, there may exist certain nonconformities
which were lawful before this chapter was adopted or amended. Such
nonconformities may be continued, subject to those limitations and
conditions specified by this article, even though such nonconformities
would be prohibited or restricted under the terms of this chapter
or future amendments hereto.
B.
To avoid undue hardship, nothing in this chapter shall
be deemed to require a change in the plans, construction or designated
use of any building or structure on which construction was lawfully
begun prior to the effective date of adoption or amendment of this
chapter and upon which construction activity has been diligently carried
on.
A.
In any district wherein single-family detached dwellings are permitted, such a dwelling and its customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter, notwithstanding limitations imposed by other provisions of this chapter. This provision shall apply even though such lot fails to meet the applicable requirements for lot area, lot width or both lot area and width, provided that the applicable minimum yard requirements are satisfied. Requests for variance from such yard requirements shall be as provided for in § 131-105A of this chapter.
B.
If two or more lots, combination(s) of lots and portion(s)
of lots with continuous frontage in single ownership are of record
at the time of the adoption or amendment of this chapter and if all
or part of the lots do not meet the requirements established for lot
width and/or area, the land involved shall be considered to be an
undivided parcel for the purpose of this chapter, and no portion of
said parcel shall be used or sold in a manner which diminishes compliance
with lot width and/or area requirements established by this chapter,
nor shall any division of any parcel be made which creates a lot with
width or area less than what is required by this chapter.
Lawful uses of land which become nonconforming
as a result of the adoption or amendment of this chapter may be continued
by the present or any subsequent owner so long as they remain otherwise
lawful, subject to the following provisions:
A.
Extension. A nonconforming use may be extended or
increased by not more than 50% of the extent of such use as it existed
upon the effective date of this chapter.
B.
Discontinuance. Whenever a nonconforming use has been
discontinued for a period of not less than 12 consecutive months,
such use shall not be reestablished or resumed. After such time, all
uses shall be in conformance with the provisions of this chapter.
C.
Changes of use. A nonconforming use, if changed to
a conforming use, shall not thereafter revert to the previous nonconforming
use, nor shall it be changed to any other nonconforming use.
Structures and buildings which become nonconforming
as a result of the adoption or amendment of this chapter by reasons
of restrictions on area, lot coverage, height, yards, location on
the lot or other requirements concerning the building or structure
may be continued to be used by the present or any subsequent owner
so long as they remain otherwise lawful, subject to the following
provisions:
A.
Enlargement. Nonconforming structures and buildings
may be enlarged or extended, provided that such enlargement or extension
shall not worsen the aspect of nonconformity nor create any new aspect
of nonconformity.
B.
Moving of structure or building. No nonconforming
structure or building shall be moved unless it shall thereafter be
in conformance with all applicable zoning regulations.
C.
Destruction. Should any nonconforming structure or
building be destroyed wholly or in part by any means, such structure
or building may be reconstructed in the same location, provided that:
Lawful uses of structures and buildings which
become nonconforming as a result of the adoption or amendment of this
chapter may be continued by the present or any subsequent owner so
long as they remain otherwise lawful, subject to the following provisions:
A.
Extension.
(1)
A nonconforming use may be extended throughout any
part of an existing structure or building.
(2)
A nonconforming use may be extended to occupy additions
or extensions to an existing structure or building, provided that
such additions or extensions are in conformance with the area and
bulk regulations of the applicable zoning district, and further provided
that such additions or extensions will not accommodate an expansion
of the nonconforming use greater than 50% of the floor area occupied
by said nonconforming use at the time such nonconforming use became
nonconforming.
B.
Change of use. A nonconforming use, if changed to
a conforming use, shall not thereafter revert to the previous nonconforming
use, nor shall it be changed to any other nonconforming use.
C.
Discontinuance. Whenever a nonconforming use of a
structure, building or part thereof has been discontinued for a period
of not less than 12 consecutive months, such use shall not be reestablished
or resumed. After such time, all uses shall be in conformance with
the provisions of this chapter.
If a nonconforming structure or building or
if any portion of a structure or building containing a nonconforming
use becomes physically unsafe or unlawful due to lack of repair or
maintenance and is declared by any duly authorized official to be
unsafe or unlawful by reason of physical condition, such structure
or building shall not thereafter be restored, repaired or rebuilt
except in conformity with the regulations of the zoning district in
which such structure or building is located.
Any use which is permitted as a special exception
in a zoning district under the terms of this chapter shall not be
deemed a nonconforming use in such zoning district but shall, lacking
further action, be considered a conforming use.
