Any lawful use of a building, structure, sign or land at the time of the adoption of this chapter may be continued, although such use does not conform to the provisions of this chapter, for so long as it remains lawful, subject, however, to the provisions of § 200-35 as applicable.
A.Â
No such structure, building or uses shall be enlarged, extended, reconstructed, moved or structurally altered except that, by action of the Board of Appeals after a public hearing, such structure may be permitted an expansion not to exceed 50% of the gross floor area and cubic content. An administrative variance of a minor expansion of a nonconforming use may be permitted by the Code Enforcement Officer as provided in § 200-28.
B.Â
No nonconforming use of land shall be enlarged or intensified in area or moved to a new location except by action of the Board of Appeals after a public hearing or as provided in § 200-28. The Board may grant an expansion not to exceed 50% of the land area.
C.Â
Any nonconforming use may be extended throughout the remaining parts
of the building in which it is located, provided that such parts were
manifestly arranged or designed for such use at the time of adoption
of this chapter. Board action is not required.
D.Â
Any structure or land, or structure and land in combination, in or
on which a nonconforming use is superseded by a permitted use shall
thereafter conform to the regulations for the district in which it
is located, and the nonconforming use may not thereafter be resumed.
E.Â
When a nonconforming use of a structure or land, or land and structure
in combination, is discontinued or abandoned for 12 consecutive months
or more, subsequent use of such structure or land, or land and structure
in combination, shall be in conformity with the regulations of the
district in which it is located.
F.Â
Should any structure be damaged or destroyed by any means to an extent of less than 50% of its replacement cost at the time of destruction, it may be reconstructed or restored, provided that its degree of nonconformity is not increased beyond that which existed just prior to such damage or destruction. Should any structure be damaged or destroyed by any means to an extent greater than 50% of the replacement cost at the time of destruction, it shall not be reconstructed or restored except in conformance with the provisions of the district regulations in which the structure is located, provided that the Board of Appeals, after a public hearing, may approve reconstruction or restoration not in conformance with the applicable district regulations as a variance and subject to the provisions of Article VI. In granting such variance, the Board shall ensure that the district regulations are followed as closely as possible. Any dwelling unit lawfully existing at the time of adoption of this chapter which shall be destroyed to any extent by any means may be repaired or reconstructed at its prior location without Board action.
A.Â
On any nonconforming structure or portion of a structure containing
a nonconforming use, work may be done in any period of 12 consecutive
months on ordinary repairs, including the repair or replacement of
structural components, fixtures, wiring or plumbing, to an extent
not exceeding 50% of the current replacement cost of the nonconforming
structure or nonconforming portion of the structure as the case may
be. This limitation shall not apply to dwelling units.
B.Â
If a nonconforming structure, except a dwelling unit or portion of
a structure containing a nonconforming use, becomes physically unsafe
or unlawful due to lack of repairs and maintenance and is declared
by any duly authorized official to be unsafe or unlawful by reason
of physical condition, it shall not thereafter be restored or rebuilt
except in conformity with the regulations of the district in which
it is located.
Any use or structure which exists at the time of the adoption
of this chapter which is permitted by this chapter as a special exception
in the district where such use or structure is located shall not be
deemed a nonconforming use or structure in such district but shall,
without further action, be considered a conforming special exception.
Such use or structure, however, shall be subject to the jurisdiction
of the Board of Appeals as a special exception and shall not be expanded
or otherwise modified or enlarged except upon Board hearing and approval.
