A. 
Whenever the regulations for a district in which a building or land is located are changed by amendment so that the use under the new regulations is nonconforming, that use may be continued as a legal nonconforming use under the new regulations only if one or more of the following conditions are met:
(1) 
The use conformed to the regulations in effect before the amendment.
(2) 
The use, if nonconforming under the previous regulations, had been established as a legal nonconforming use either by a variance granted by the Board of Appeals or by the fact that the use had been in existence prior to and at the time of the enactment of regulations which rendered it nonconforming.
B. 
It shall be the responsibility of the Director of Planning and Development or designee to determine on a case-by-case basis which buildings or lands have uses which will become legal nonconforming uses under the new regulations. In making these determinations, the Director of Planning and Development or designee shall rely on the property records in his/her office, based on the most recent information available for each building or land. In cases where the actual property use differs from the use of record, it shall be the property owner’s responsibility to file a claim with supporting documentation to the Department of Planning, Building and Economic Development within 90 days after the effective date of the amendment changing the regulations. The Director of Planning and Development or designee shall then review these claims and, at his/her sole discretion, determine whether the claim is valid. Such determinations shall be made within nine months of the effective date of the amendment changing the regulations. The Director of Planning and Development or designee may require such additional information or testimony as deemed necessary in making such determination and may also deny a claim on the basis of inadequate information supplied by the claimant. Any property owner aggrieved from a decision by the Director of Planning and Development or designee may appeal to the Board of Appeals for relief. Any property owner who fails to file a claim within the ninety-day filing period may also file with the Board of Zoning Appeals following the provisions of § 325-41 of this chapter.
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
[1]
Editor's Note: This ordinance provided for an effective date of 1-1-2014.
C. 
Legal nonconforming uses of any building or land shall adhere to the conditions of this article, even though such uses may not conform to other provisions of this chapter. The lawful use of any building or land legally existing at the time of enactment of this chapter may be continued only subject to the provisions of this article.
[Amended 6-6-2012 by Ord. No. 2012-03]
[1]
Editor’s Note: Former § 325-31, Construction or use approved prior to adoption of or amendment to chapter, was repealed 6-6-2012 by Ord. No. 2012-03.
[Amended 3-1-1989 by Ord. No. 89-5; 8-5-1992 by Ord. No. 92-8]
A. 
Repair of nonconforming uses or structures. Necessary or desired repair of any nonconforming structure, or of any structure housing a nonconforming use, declared unsafe by proper authority shall be accomplished in accordance with all applicable regulations.
B. 
Changes in nonconforming use. A nonconforming use may be changed only to a use permitted in the district in which it is located. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use.
C. 
Extension or enlargement of nonconforming uses or structures.
[Amended 7-1-1998 by Ord. No. 98-10; 6-6-2012 by Ord. No. 2012-03]
(1) 
A nonconforming use may not be extended or enlarged within or in association with the structure where it is located, nor may a nonconforming use be extended or enlarged to all or part of a structure or structures not already legally devoted to such use or to other land not already legally devoted to such use, except by means of a use variance granted by the Board of Appeals.
(2) 
A nonconforming structure which is used as permitted, and will continue to be used as permitted, in the district in which it is located, but does not comply with the minimum lot size requirement and/or parking requirements applicable in the district, may not be extended or enlarged except by means of an area variance granted by the Board of Appeals; however, a nonconforming structure may be enlarged without the necessity of obtaining such a variance, provided that:
(a) 
The enlargement does not create a new, greater or additional nonconformity;
(b) 
The enlargement does not increase the occupancy previously permitted for the structure unless the structure is, and will continue to be, a one- or a two-family dwelling; and
(c) 
The property is, and will continue to be, in compliance with the minimum lot size and parking requirements (whether minimum or maximum) of the district in which it is located.
(3) 
A nonconforming structure which is used as permitted by this Code in the district in which it is located cannot be extended or enlarged by increasing the numbers of unrelated individuals residing within such structures or by increasing the number of dwelling units contained within such structure except by means of an area variance granted by the Board of Zoning Appeals; however, such a nonconforming structure may be extended or enlarged without the necessity of obtaining such a variance if the property, in the enlarged or extended condition, will comply with the parking and the lot size regulations of this chapter for the particular district in which it is located.
(4) 
In all districts any legal nonconforming use or structure existing at the time of enactment of this chapter, as amended, or subsequently constructed in compliance with a variance, shall not be extended or enlarged except in compliance with the regulations of this chapter, as amended for each particular district.
[Amended 6-6-2012 by Ord. No. 2012-03]
Nonoperation or nonuse for a period of 12 successive months or more shall terminate the right to operate such nonconforming use, except that a nonconforming use that ceases to operate because of national emergency may be resumed within 12 successive calendar months from the time such emergency terminates and except, further, that when the nonconforming use is discontinued due to litigation commenced during said twelve-month period, or pursuant to a building permit issued during said period for repairs or modifications required by the Building Department, it may be resumed after litigation is ended or such repairs are deemed complete, provided such resumption occurs within the remainder of the aforementioned twelve-month period.
[Amended 3-5-1980 by Ord. No. 80-1; 6-6-2012 by Ord. No. 2012-03]
A nonconforming structure which is entirely devoted to a conforming use may be rebuilt or reconstructed, in whole or in part, when it is damaged by fire or other causes, provided that the floor area, occupancy and exterior dimensions are not increased in the new building when compared to the old building as it existed in an undamaged state.
Notwithstanding any other provisions of this chapter, any automobile wrecking yard or junkyard in existence in any residential or business district on the date of enactment of this chapter shall, at the expiration of six years from such date, become a prohibited and unlawful use and shall be discontinued, but this shall not apply to completely enclosed transfer stations for recyclable materials in B-4 and B-5 Districts.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses created thereby.