Any lawful building or use of premises existing at the time
of enactment of this chapter, or any subsequent amendment thereof
applying to such building or use of premises, may be continued, although
such building or use of premises does not conform to the provisions
thereof provided that there is no increase or enlargement of the area
or space occupied by or devoted to such nonconforming use and except
as otherwise provided in this article.
Except as provided in § 360-45, if, for a continuous period of 12 months, either the nonconforming use of land with minor improvements is discontinued or the active operation of substantially all of the nonconforming uses in any building or other structure is discontinued, such land or building or other structure shall thereafter be used only for a conforming use. Intent to resume such nonconforming use shall not prevent such use's termination.
A.
Except in R-1 and RH districts, if no external structural alterations are made, a nonconforming use of a building or land may be changed to another nonconforming use more nearly conforming to the requirements of the district in which it is situated. In R-1 and RH districts, no such change of use shall be made to all or part of building or land without a special use permit for the proposed new use authorized in accordance with the standards of § 360-31B of this chapter.
B.
Within an RH district, in accordance with a special use permit issued
by the Zoning Board of Appeals, a nonconforming use may be converted
to a more conforming use, in accordance with the following table.
A nonconforming use appearing on the following list may be converted
to a use appearing below the listed use.
|
Least Conforming
|
|
Repair shops
|
|
Restaurants
|
|
Retail businesses (including neighborhood convenience stores)
|
|
Laundry and dry-cleaning businesses
|
|
Day-care centers
|
|
Banks, beauty salons
|
|
Funeral homes
|
|
Multifamily dwellings
|
|
Fewer units in a multifamily dwelling
|
|
Duplex dwelling
|
|
More conforming
|
C.
When a proposed use does not appear in the above table and the Zoning
Board of Appeals finds such use is not closely analogous to a listed
use, the Zoning Board of Appeals shall evaluate the conformity of
such proposed use by considering such factors as the amount of noise,
dust, odor, light and traffic the proposed use is likely to generate.
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.
Nonconforming uses or structures in all zone districts shall
conform to the following requirements:
A.
Enlargement and extension. Any structure or use of land which is
nonconforming because of use shall not be enlarged or extended in
any manner whatsoever.
B.
Alterations. Structural alterations may be made in a building which
is nonconforming because it fails to comply with use, height, area,
yard, off-street parking or other like requirements of this chapter,
so long as the structural alteration does not extend, enlarge or aggravate
the nonconformance.
C.
Re-conversion. A nonconforming use changed or altered to a conforming
use may not thereafter be changed back to a nonconforming use, but
nothing hereinbefore stated shall prevent the strengthening or restoring
to a safe and lawful condition of any part of any building declared
unsafe by the Building Inspector or other city, county or state inspector.
D.
Existing permits. Nothing in this chapter shall require any change
in plans, construction or designated use of a structure or building
for which a building permit has been heretofore validly issued if
construction has been started and diligently pursued at the time of
the adoption, revision or amendment of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
Previous violations. Nothing in this chapter shall be construed as
authorization for an approval of the continuance of the use of a building,
structure or premises in violation of any zoning ordinances, rules
or regulations in effect immediately preceding the time of the effective
date of this chapter.
F.
Enlargement. Any nonconforming structure that is nonconforming because
it fails to comply with height, area, yard, off-street parking or
other like requirements of this chapter shall not be changed or altered
to enlarge the nonconformance.
A.
Damage to a nonconforming use.
(1)
Any building or structure containing a nonconforming use which is
damaged by fire, flood, wind or other act of God or man to the extent
of 50% or more of its assessed value immediately prior to damage shall
not be reoccupied, reused and/or reconstructed, except in conformity
with the provisions of this chapter.
(2)
Any building or structure containing a nonconforming use which is
damaged by fire, flood, wind or other act of God or man to the extent
of more than 25% but less than 50% of its assessed value immediately
prior to damage shall not be repaired or reconstructed, except in
conformity with this chapter, unless such reconstruction is completed
within 12 months of the damage.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Damage to a nonconforming building or structure.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Any nonconforming building or structure which is damaged by fire,
flood or other act of God or man to the extent of 50% or more of its
assessed value immediately prior to damage shall not be repaired or
reconstructed, except in conformity with the provisions of this chapter.
(2)
Any nonconforming building or structure which is damaged by fire,
flood, wind or other act of God or man to the extent of 25% or more
but less than 50% of its assessed value immediately prior to damage
shall not be repaired or reconstructed, except in conformity with
this chapter, unless such reconstruction is completed within 12 months
following the damage.
C.
Exemption of dwelling buildings and structures. The limitations of
this section shall not apply to a building or other structure utilized
as a dwelling which is nonconforming only in respect to yard space
or area per dwelling and nonconforming to the district in which located,
except that no dwelling building shall be altered, added to or reconstructed
to extend further into an already deficient yard space or to reduce
an already deficient amount of land area per dwelling.
