Subject to the provisions of this Article, the lawful use or structure existing on the effective date of adoption or amendment of this chapter may be continued though not conforming to the regulations of the district in which it is maintained. However, the following provisions shall apply to all nonconformities:
A.
A nonconforming lot shall not be further reduced in size.
B.
A nonconforming building shall not be enlarged, extended or increased in any dimension unless such enlargement would tend to reduce the degree of nonconformance.
C.
A nonconforming use shall not be expanded.
D.
A nonconforming use may be changed to a conforming use. When a nonconforming use is changed to conform to the requirements of this chapter, the use of the building or tract of land shall not be changed again except in accordance with these regulations.
At any time after the effective date of this chapter, upon the written request of the owner or user of any structure or premises or at the instance of the Zoning Enforcement Officer, an examination by the Zoning Enforcement Officer of any existing use shall be made. A report of the findings made upon such examination shall thereafter be filed with the Zoning Board of Appeals, together with a proposed certificate of existing use which shall clearly describe the premises and structure, if any, referred to and shall specify the nature and extent of such existing use. Such certificate shall be prepared in triplicate, one copy of which shall be maintained by the Zoning Enforcement Officer, one copy of which shall be furnished to the Zoning Board of Appeals and one copy to be furnished to the owner or user. The Zoning Board of Appeals shall have 30 days from the date it receives such proposed certificate in which to affirm or deny such a proposed certificate. If the Zoning Board of Appeals denies such certificate, the owner or user may make his appeal. If the Zoning Board of Appeals approves the proposed certificate, the Zoning Enforcement Officer shall deliver by mail or otherwise a copy of the certificate to the owner or user. The Zoning Board of Appeals shall have the power to examine facts upon its own motion and amend such proposed certificate in accordance with its findings. If the Zoning Board of Appeals takes no action within 30 days from the date of its receipt of the proposed certificate, it shall be deemed to have approved such proposed certificate, and the Zoning Enforcement Officer shall transmit the certificate to the owner or user.
Nothing herein continued shall require any change in plans, construction or designated use of a building complying with existing laws, a permit for which has been duly granted and the construction of which shall have been started before the date of adoption of this chapter or any applicable amendment thereto.
In any district, whenever a nonconforming use of land, premises, building or structure or any part or portion thereof has been discontinued for a period of one year, such nonconforming use shall not thereafter be reestablished and all future uses shall be in conformity with the provisions of this chapter. Such discontinuance of the active and continuous operation of such nonconforming use or part or portion thereof for a period of one year is hereby construed and considered to be an abandonment of such nonconforming use, regardless of any reservation of an intent to resume active operations. If actual abandonment in fact is evidenced by the removal of buildings, structures, machinery, equipment and other evidences of such nonconforming use of the land and premises, the abandonment shall be construed and considered to be completed and all rights to reestablish or continue such nonconforming use shall thereupon terminate.
A.
Maintenance and repair. Normal maintenance, repair and incidental alteration of a building, sign or other structure containing a nonconforming use shall be permitted, provided that it does not extend the area or volume of space occupied by the nonconforming use.
[Amended 3-13-2000 by L.L. No. 1-2000]
B.
Residential uses. A building or other structure containing residential nonconforming uses may be altered in any way to improve interior livability, provided that no structural alterations shall be made which would increase the number of dwelling units or the bulk of the building.
C.
Building damaged or destroyed. A nonconforming building damaged by fire or other causes to the extent of more than 75% of its true value shall not be repaired or rebuilt except in conformity with the regulations of this chapter.
D.
Buildings with nonconforming lot area. Any building which is nonconforming due to insufficient yard distances or lot area shall not be considered a nonconforming use. Any alterations or structural changes may be accomplished within the existing frame of said building, but any additions shall conform to the specific setback and yard distance requirements of this chapter.
