A.
The lawful nonconforming use of a structure or land
existing at the time of the adoption of or amendment of this code
may be continued although the use does not conform to the provisions
of this code, provided that:
(1)
Only that portion of land in actual use may be so
continued and the structure may not be extended, enlarged, reconstructed,
substituted, moved or structurally altered except when required to
do so by law or order or so as to comply with the provisions of this
code.
(2)
Total lifetime structural repairs or alterations shall
not exceed 50% of the present equalized value of the structure, unless
it is permanently changed to conform to the use provisions of this
code.
(3)
Substitution of new equipment may be permitted by
the Board of Appeals if such equipment will reduce the incompatibility
of the nonconforming use with the neighboring uses.
B.
Abolishment or replacement.
(1)
If such nonconforming use is discontinued or terminated
for a period of 12 months, any future use of the structure or land
shall conform to the provisions of this code.
(2)
When a nonconforming use or structure is damaged by
fire, explosion, flood, the public enemy or other calamity to the
extent of more than 50% of its current equalized value, it shall not
be restored except so as to comply with the use provisions of this
chapter.
(3)
A current file of all nonconforming uses shall be
maintained by the Building Inspector listing the following: the owner's
name and address and use of structure or land.
A lawful nonconforming structure existing at
the time of the adoption of or amendment of this code may be continued
although its size or location does not conform to the lot width, lot
area, yard, height, parking and loading and access provisions of this
code; however, it shall not be extended, enlarged, reconstructed,
moved or structurally altered except when required to do so by law
or order or so as to comply with the provisions of this code.
Once a nonconforming use or structure has been
changed to conform, it shall not revert back to a nonconforming use
or structure. Once the Board of Appeals has permitted the substitution
of a more restrictive nonconforming use for an existing nonconforming
use, the substituted use shall lose its status as a legal nonconforming
use and become subject to all the conditions required by the Board
of Appeals.
A.
In any residential district, a one-family detached
dwelling and its accessory structures may be erected on any legal
lot or parcel, provided that such lot or parcel was of record in the
County Register of Deeds office before the effective date or amendment
of the original zoning code.
B.
Such lot or parcel shall be in separate ownership
from abutting lands. If abutting lands and the substandard lot are
owned by the same owner, the substandard lot shall not be sold or
used without full compliance with the provisions of this code. If
in separate ownership, all the district requirements shall be complied
with insofar as practical but shall not be less than the following:
(2)
Building height: maximum 30 feet.
In the I-1 Industrial District, single-family detached dwellings and their accessory structures may be erected on any legal lot or parcel of record at the time of the adoption of this code. The burden of proof shall be on the applicant for a building permit or certificate of zoning compliance to show that the lot was of record in the County Register of Deeds office prior to the adoption of this code. No further subdivision for residential purposes is permitted in the Industrial District. Any building or structure erected after the adoption of this code under this article shall conform to the requirements of §§ 219-66 and 219-68 but shall not be subject to the repair and termination provisions of § 219-65.
