These provisions shall apply to all buildings
or structures and all uses of buildings or structures or lots lawfully
existing prior to the effective date of this chapter or of subsequent
amendments, revisions or reenactments of this chapter which do not
conform to the provisions of this chapter or to such revisions or
reenactments on their effective dates.[1]
No unlawful building or structure or unlawful
use of a building or structure or lot existing at the effective date
of this chapter shall be deemed to be a nonconforming building, structure
or use.
A.
Any lawful use occupying any building, structure, lot or land at the time of the effective date of this chapter or any amendment thereto which does not comply after the effective date of this chapter or any amendment thereto with the use regulations of the district in which it is situated may be continued in the building or structure or upon the lot or land so occupied to the extent existing at the time it became nonconforming, except as provided in § 200-45.
B.
A building or structure used by a nonconforming use
shall not be reconstructed, structurally altered, restored or repaired
to an extent exceeding 50% of the replacement cost of such building
or structure, exclusive of foundations, unless the use of such building
or structure is changed to a conforming use, provided that the reconstruction,
restoration or repair of a structure partially destroyed by fire or
similar accidental cause shall commence within six months of the date
of the partial destruction and be completed within 12 months of the
date of destruction.
C.
A nonconforming building or structure that is not devoted to a nonconforming use may be reconstructed, structurally altered, restored or repaired in whole or in part and the provisions of Subsection B shall not apply, except that the degree of nonconformity shall not be increased.
D.
A nonconforming lot separately owned and not adjoining
any lot or land in the same ownership at the effective date of this
chapter may be used or a building or structure may be erected on such
lot for use in accordance with all the other applicable provisions
of this chapter, provided that proof of such separate ownership is
offered in the form of a title search.
E.
An existing building designed and used for a conforming
use but located on a nonconforming lot, whether the building is conforming
or nonconforming with respect to lot coverage and minimum yard requirements,
may be reconstructed, structurally altered, restored or repaired in
whole or in part, except that the degree of nonconformity shall not
be increased.
F.
In any case where the removal of soil, sand, gravel
or quarried stone shall be an existing nonconforming use, such use
shall nevertheless be subject to the following:
G.
In any case where the keeping of animals of any type
shall constitute an existing nonconforming use, the disposal of animal
waste shall be provided for in such manner as to prevent any nuisance
or sanitary problems.
A nonconforming use shall not be enlarged or extended, except as provided in Article XI.
A.
A nonconforming use shall be deemed to have been abandoned:
(1)
When it is changed to a conforming use.
(2)
In cases where such nonconforming use is of a building
or structure designed for such use, when it has been voluntarily discontinued
for a period of 12 consecutive months.
(3)
In cases where such nonconforming use is of a building
or structure not designed for such use or is of a lot or land whereon
there is no consequential building or structure devoted to such use,
when it has been voluntarily discontinued for a period of six consecutive
months.
B.
A nonconforming use that has been abandoned shall
not thereafter be reinstated.
A.
A nonconforming structure or nonconforming use may
be subject to compulsory termination by the Board of Trustees when
it is found detrimental to the conservation of the value of surrounding
land and improvements or to future development of surrounding lands
and therefore is tending to deteriorate or blight the neighborhood.
B.
In ordering the compulsory termination of a nonconforming
structure or nonconforming use, the Board of Trustees shall establish
a definite and reasonable amortization period during which the nonconforming
use may continue while the investment value remaining after the date
of the termination order is amortized. Determination of the amount
to be amortized shall be based on the value and condition of the land
and improvements for the nonconforming use and such other reasonable
costs as the termination may cause. The rate of amortization shall
be in accordance with reasonable economic practice.
C.
Any nonconforming sign in existence in any residence
district on the effective date of this chapter or any amendment thereto
which does not comply after the effective date of this chapter or
any amendment thereto with the regulations of such district in which
it is situated shall be discontinued at the expiration of three years
from such date.