The lawful use of any land, or a building or structure or a
part thereof existing at the time that this chapter or any amendment
thereto becomes effective, may be continued although such use does
not conform with the provisions of this chapter, except as otherwise
provided in this article.
Except for activities involving agriculture or animal husbandry,
as defined herein, when a nonconforming use of land, or a building
or a structure, has been discontinued for a period of not less than
one year, it shall not thereafter be reestablished, and the future
use of the land, building or structure shall be in conformity with
the terms of this chapter.
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
condition as will not constitute a danger to the safety, health or
general welfare of the public. Alterations and extensions of the nonconforming
use, in order to comply with the provisions of this section, are permitted,
provided that such alteration or extension shall not tend to increase
the inherent nuisance, nor shall such alteration or extension violate
any provisions of this chapter regarding yards, lot area or lot coverage
for the district in which it is situated, or increase any existing
violation of such provision.
Any building or structure which does not conform to the terms
of this chapter, which is damaged by fire, flood or other act of God
or man, may be reconstructed, provided that no building shall be reconstructed,
altered or added to so as to extend farther into an already deficient
yard space or reduce an already deficient land area.
[Amended 10-13-1988 by L.L. No. 5-1988]
A nonconforming use may be permitted to expand to an amount not exceeding 50% of the aggregate building area as it existed at the time of this chapter or any amendment thereto became effective and making such use nonconforming, subject to issuance of a special permit by the Board of Appeals in accordance with the provisions of Articles VI and VII, except that no nonconforming use shall be permitted to violate any other provisions of this chapter relative to the district in which it is situated.
A.Â
Nonconforming use under construction at the time of this enactment or subsequent amendment. No building or structure designed for or intended to be utilized for a nonconforming use shall be constructed, reconstructed or altered unless construction, reconstruction or alteration is already underway at the time of the enactment or subsequent amendment of this chapter, is being diligently pursued so that such building or structure will be completed within 18 months from the time of the enactment or subsequent amendment of this chapter and unless the provisions of Subsection B below are observed.
B.Â
Permit to continue nonconforming use under construction at the time
of this enactment. Not more than 30 days after the enactment of this
chapter, a permit shall be obtained from the Zoning Enforcement Officer
for each building or structure under construction as of the date of
enactment of this chapter. Irrespective of whether such construction
conforms with the terms of this chapter, any structure so permitted
shall be allowed to be completed in accordance with plans filed at
time of the application for the permit. After filing of plans with
the Zoning Enforcement Officer, no alteration or additions to such
plans except as may be in conformity with the terms of this chapter
shall be permitted.
[Amended 9-11-1980 by L.L. No. 3-1980]
C.Â
Failure to obtain permit to continue nonconforming use under construction at the time of this enactment. Construction of buildings or structures under construction at the time of the enactment of this chapter for which permits are not obtained as provided in Subsection B above shall be stopped 30 days after the enactment of this chapter and thereafter be permitted to continue only in accordance with the terms of this chapter after securing of a building permit as hereinafter provided.[1]
Lots existing prior to this enactment having an area less than
that required for the district in which it is located shall be considered
to be conforming with regard to lot area.
[Added 10-13-1988 by L.L. No. 5-1988]
A.Â
Existing site development, including landscaping, in connection with a use for which submission and approval of a site plan is required by this chapter and which fails to conform to the standards of § 180-36 is deemed a nonconformity. Any such use having nonconforming site development, and any such site development, shall not be enlarged, extended or moved, nor shall there be a change in use of same, and any building or other structure for which such site development, including landscaping, is required shall not be reconstructed, altered or added to, unless such nonconformity is eliminated; provided, however, that the Planning Board may authorize continuation or reduction of the nonconforming site development under the provisions of § 180-36P.
B.Â
Existing site development, including but not limited to driveways, parking and loading spaces, drainage, signs and landscaping, in connection with a nonconforming use shall not be enlarged, extended, moved or changed unless approved by the Planning Board under the provisions of Article VII of this chapter.
