The lawful nonconforming use of a structure, land, or water
existing at the time of the adoption or amendment of this chapter
may be continued although the use does not conform to the provisions
of this chapter; provided, however, that:
A.
Only that portion of the land or water in actual use may be so continued,
and the structure may not be extended, enlarged, reconstructed, substituted,
moved or structurally altered, except when required to do so by law
or order or so as to comply with the provisions of this chapter.
B.
The total lifetime structural repairs or alterations shall not exceed
50% of the fair market value of the structure at the time of its becoming
a nonconforming use, unless it is permanently changed to conform to
the use provisions of this chapter.
C.
Substitution or new equipment may be permitted by the Board of Appeals
if such equipment will reduce the incompatibility of the nonconforming
use with the neighboring uses.
A.
If such nonconforming use is discontinued or terminated for a period
of 12 months, any future use of the structure, land, or water shall
conform to the provisions of this chapter. When a nonconforming use
or structure is damaged by fire, explosion, flood, the public enemy,
or other calamity it may be restored to the same size and configuration
as prior to the damage.
Any lawful nonconforming structure existing at the time of the
adoption or amendment of this chapter may be continued although its
size or location does not conform to the lot width, lot area, yard,
height, parking and loading, and access provisions of this chapter.
Ordinary repair and maintenance within or to a nonconforming structure
shall be permitted, provided that no dimensional nonconformity of
the structure will increase as a result of such repair or maintenance.
A nonconforming structure occupied by only conforming uses may be
enlarged or structurally altered, provided that the enlargement or
structural alteration conforms to the setback requirements and all
other applicable regulations of the district in which it is located
and does not increase the existing dimensional nonconformity of the
structure. A nonconforming structure occupied by only conforming uses
may be relocated if, upon relocation, the structure will be in conformity
with all regulations of the district into which it has been relocated.
A nonconforming structure occupied by a nonconforming use shall not
be enlarged, relocated or structurally altered.
Once a nonconforming use or structure has been changed to conform,
it shall not revert back to a nonconforming use or structure. Once
the Board of Appeals has permitted the substitution of a more restrictive
nonconforming use for an existing nonconforming use, the substituted
use shall lose its status as a legal nonconforming use and become
subject to all the conditions required by the Board of Appeals.
In any residential district, a one-family detached dwelling and its accessory structures may be erected on any legal lot or parcel of record in the office of the county register of deeds before the effective date or amendment of this chapter, provided that the requirements set forth in § 365-99 are met.
