A.
The lawful nonconforming use of a structure or land,
including but not limited to fences, parking and zoning setbacks,
existing at the time of the adoption or amendment of this chapter
may be continued although the use does not conform to the provisions
of this chapter. However, only that portion of the 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 chapter.
B.
If no structural alterations are made, a nonconforming
use of a building may be changed to any use permitted in the same
use district as that in which the use existing is permitted according
to the provisions of this chapter, provided that when a use district
is changed, any existing, nonconforming use in such changed district
may be continued or changed to a use permitted in the same use district
as that in which the existing use is permitted, provided that all
other regulations governing the new use are complied with.
C.
Substitution of new equipment may be permitted by
the Board of Adjustment if such equipment will reduce the incompatibility
of the nonconforming use with the neighboring uses. Additions and
enlargements to the existing substandard structures are permitted
and shall conform to the established building setback lines along
streets and the yard, height, parking, loading and access provisions
of this Zoning Code.
D.
Except for zoning or rezoning, when the action of
a governmental body or agency renders a parcel of land or lot nonconforming,
the use and structure shall, for all purposes, be considered conforming.
A.
Termination. 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 chapter.
B.
Building destroyed by fire. Where a building located
in a district restricted against its use has been destroyed by fire
or other calamity to the extent of not more than 50% of its fair market
value, the same may be rebuilt, but where such a building is destroyed
to the extent of more than 50% of its fair market value, a permit
may be granted for its reconstruction within 12 months from the date
of such fire or other calamity, except any public utility located
in a restricted district shall be permitted to rebuild, alter or enlarge
in any business or industrial district as the interest of the public
demands.
A lawful nonconforming structure existing at
the time of the adoption or amendment of this chapter 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 chapter. 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 chapter.
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 Adjustment 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 Adjustment.
A.
Nonconformance with dimensional requirements. A lot
which does not conform to the dimensional requirements of this Zoning
Code may be used as a single-family residential building site, provided
that the lot is of record in the County Register of Deed's office
prior to the effective date of this Zoning Code and further provided
that such lot meets all of the following requirements:
B.
Variance requirement. A building permit for the improvement
of a lot with lesser dimensions and requirements than those stated
above shall be issued only after a variance by the Board of Adjustment.
Additions in the street yard of existing structures
shall not project beyond the average of the existing street yards
on the abutting lots or parcels.
The required street yard, or setback, may be
decreased in any residential district to the average of the existing
street yards of the abutting structures on each side but shall in
no case be less than 15 feet.
