If, at the time of the enactment of this chapter or any subsequent
amendment thereto, any legal activity is being pursued or any lot
or structure legally utilized in a manner or for a purpose which does
not conform to the provisions of this chapter, such manner of use
or purpose may be continued as herein provided:
A.
If any change in title of possession or renewal of a lease of any
such lot or structure occurs, the use existing may be continued.
B.
If any nonconforming use, structure or activity is discontinued for
a period exceeding two years after the enactment of this chapter or
any amendment thereto, it shall be deemed abandoned, and any subsequent
use shall conform to the requirements of this chapter.
C.
A nonconforming structure, lot or use may be changed only to another
use of a substantially similar character as the original use or to
a more restrictive use.
D.
Whenever a nonconforming structure, lot or activity has been changed
to a more limited nonconforming use, such existing use may be changed
only to an even more limited use.
E.
When any nonconforming use is superseded by a permitted use, the
use shall thereafter conform to the regulations for the district,
and no nonconforming use shall thereafter be resumed.
The construction or use of a nonconforming building or land
area for which a building permit was legally issued prior to the adoption
or amendment of this chapter may proceed, provided that such building
is completed within one year or such use of land established within
30 days after the effective date of this chapter.
All single-family dwellings which become nonconforming as a
result of amendments to this chapter concerning the number of unrelated
individuals who may constitute a household unit must apply for and
be issued a certificate of occupancy within six months of the date
of adoption of such amendments. Failure to obtain a certificate of
occupancy shall invalidate any claim for nonconforming use status,
and the dwelling will be required to conform to all applicable sections
of this chapter.
Whenever the boundaries of a district are changed, any uses
of land or buildings which become nonconforming as a result of such
change shall become subject to the provisions of this article.
On any building devoted in whole or in part to any nonconforming
use, work may be done in any period of 12 consecutive months on ordinary
repairs or on repair or replacement of nonbearing walls, fixtures,
wiring or plumbing, to an extent not exceeding 20% of the current
replacement value of the structure, provided that the cubic content
of the structure, as it existed at the time of passage or amendment
of this chapter, shall not be increased. Nothing in this chapter shall
be deemed to prevent the strengthening or restoring to a safe condition
of any structure or part thereof declared to be unsafe by any official
charged with protecting the public safety, upon order of such official.
A.
Except as otherwise provided in § 420-16.7D below, if a nonconforming activity or structure is destroyed or damaged in any manner to the extent that the cost of restoration to its condition before the occurrence shall exceed 50% of the cost of reconstructing the entire structure, it shall be restored only if it complies with the requirements of this chapter. However, structures which are nonconforming only because of inadequate street frontage or lot width may be reconstructed provided that a variance of yard and/or setback requirements, if required, is obtained from the Board of Zoning Appeals.
B.
Except as otherwise provided in § 420-16.7D below, where a conforming structure devoted to a nonconforming activity or where a nonconforming structure is damaged less than 50% of the cost of reconstructing the entire structure, either may be repaired or restored, provided that any such repair or restoration is started within 12 months and completed within 18 months from the date of such partial destruction.
C.
The cost of land or any factor other than the cost of the structure
shall be excluded in the determination of the cost of restoration
for any structure or activity devoted to a nonconforming use.
D.
If a nonconforming building or use is damaged or destroyed by fire,
natural disaster or other act of God, such building may be repaired,
rebuilt or replaced to eliminate or reduce the nonconforming features
to the extent possible, without the need to obtain a variance. Such
building may also be repaired, rebuilt or replaced to its original
nonconforming condition. The owner shall apply for a building permit
and any work done to repair, rebuild or replace such building shall
be in compliance with the provisions of the Uniform Statewide Building
Code. Any work done to repair, rebuild or replace such building shall
be in compliance with the provisions of the local floodplain regulations
adopted as a condition of participation in the National Flood Insurance
Program. Unless such building is repaired or rebuilt within two years
of the date of the natural disaster or replaced within two years of
the date of the natural disaster or other act of God, such building
shall only be repaired, rebuilt or replaced in accordance with the
provisions of this chapter. However, if the nonconforming building
is in an area under a federal disaster declaration and the building
has been damaged or destroyed as a direct result of conditions that
gave rise to the declaration, then the owner shall have an additional
two years for the building to be repaired, rebuilt or replaced as
otherwise provided in this section. For purposes of this section,
owners of property damaged by an accidental fire have the same rights
to rebuild such property as if it were damaged by an act of God. Nothing
herein shall be construed to enable the property owner to commit an
arson and obtain vested rights under this section.
Any lot of record at the time of the adoption or amendment of
this chapter which is less in area or in width than the minimum required
by this chapter may be used or built upon, provided that a variance
of yard and/or setback requirements, if required, is obtained from
the Board of Zoning Appeals.
