[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.