A.
Any legally established uses existing prior to the
effective date of this chapter, which are allowed within a particular
zoning district as a special permit or a special exception use by
the provisions of this chapter, shall not be deemed to be a nonconforming
use in such district. However, excepting existing places of worship
and schools, any subsequent replacement or enlargement of such use
or of any building in which the same is conducted or the construction
of any additional building for such use beyond the extent which existed
prior to the effective date of this chapter shall require a special
permit or special exception obtained in accordance with the provisions
of this chapter. (Existing schools and existing places of worship
may expand, remodel or rebuild, provided that such is on the existing
lot and complies with all health, highway and building code requirements.)
Nonconforming uses may be continued and, upon obtaining a special exception from the Board in accordance with the provisions of Article VI, such use may be enlarged, subject to the following conditions:
A.
Nonconforming uses may be enlarged to a total aggregate
extent not to exceed 50% of the area of land occupied by such nonconforming
use and to total aggregate extent not to exceed 50% of the gross floor
area of the building in which such nonconforming use is conducted.
A.
Any nonconforming use may be extended to occupy any part of a building that was manifestly arranged or designed for such use at the time of the effective date of this chapter, but no such use shall be extended to occupy any land outside such building. Except as provided in § 170-73 above, no nonconforming use shall be extended to occupy a greater area of land than that occupied by such use prior to the effective date of this chapter.
B.
Nothing in this article shall be deemed to prevent
keeping in good repair a nonconforming building or a building in which
a nonconforming use is conducted.
C.
If any building in which a nonconforming use is conducted
is hereafter removed, the subsequent use of land on which such building
was located and the subsequent location and use of any building thereon
shall be in conformity with the regulations specified by this chapter
for the zoning district in which such land is located.
D.
A nonconforming building or a building in which a nonconforming use is conducted that is damaged or destroyed by any casualty to any extent may be restored within two years after such destruction or damage but shall not be enlarged except as provided in § 170-73 above.
E.
If any nonconforming use ceases for any reason for a continuous period of of two years or more, other than for reasons beyond the control of the owner of the property, except as provided in Subsection D above, or is changed to or replaced by a conforming use, the land and building thereupon shall be subject to all the regulations as to the use for the zoning district in which such land and building are located as if such nonconforming use had never existed.
F.
No use which is accessory to a principal nonconforming
use shall continue after such principal use shall cease or terminate.
G.
The rights pertaining to a nonconforming use or building
shall be deemed to pertain to the use or building itself, regardless
of the ownership of the land or building on or in which such nonconforming
use is conducted.
H.
All of the foregoing provisions relating to nonconforming
uses and buildings shall apply to all nonconforming uses and buildings
existing on the effective date of this chapter and to all uses and
buildings that become nonconforming by reason of any amendment thereof.
The provisions shall not apply, however, to any use established or
building erected in violation of law, regardless of the time of establishment
or erection.
Any dwelling or other structure to be erected
on a nonconforming lot shall in any case meet the yard requirements
of this chapter. The BZA may consider granting a variance to these
requirements only if adjacent lots are under separate ownership on
the effective date of this chapter or the lot(s) have been legally
approved and recorded prior to 1973.
Structures which are nonconforming by reason
of not meeting minimum yard requirements may be expanded in a minimum
yard area where: