Any legal nonconforming use shall be permitted to continue in the manner and extent existing as of the effective date of enactment or amendment of this Ordinance, subject to the provisions of this Ordinance regarding discontinuance, destruction or demolition, change of use and extension or alteration. (back to top)
A. A legal nonconforming use of any land, premises, structure or combination thereof, which has been abandoned or discontinued for more than six (6) consecutive months or for eighteen (18) months during any three-year period (except when government action impedes access to the land or premises) shall not thereafter be used except in conformity with the regulations of the zoning district in which it is located.
B. Abandonment of a nonconforming use shall consist of some overt act or failure to act which would lead one to believe that the owner of the nonconforming use neither claims nor retains any interest in continuing the nonconforming use unless the owner can demonstrate an intent not to abandon the use. An involuntary interruption of nonconforming use, such as by fire and natural catastrophe, does not establish the intent to abandon the nonconforming use. However, if any nonconforming use is halted for a period of six (6) months, or eighteen (18) months in three (3) years, the owner of the nonconforming use will be presumed to have abandoned the nonconforming use, unless that presumption is rebutted by the presentation of sufficient evidence of intent not to abandon the use. (back to top)
A. Should a legal nonconforming structure or nonconforming portion of a structure be destroyed by any means to an extent of more than seventy-five percent of its replacement cost at the time of destruction, as determined by the zoning officer, the property owner shall be given six months in which action must be taken to rebuild, repair or replace the damaged structure. If such action is not taken within such six-month period, then it shall not be rebuilt, repaired or replaced except in conformity with the provisions of this Ordinance.
B. Should a legal nonconforming structure or portion of a structure be demolished at the direction of the owner or by governmental action, it shall not be reconstructed except in conformity with the provisions of this Ordinance.
C. In rebuilding, repairing or replacing a structure or portion of a structure as provided in Section 803 A above, the previously existing degree of nonconformity shall in no way be enlarged or extended except as provided in Section 803; however, this does not preclude the use of modern construction materials and methods. (back to top)
A. A legal nonconforming use may not be added to, extended or enlarged without first receiving a special-use permit from the Zoning Board of Review in accordance with Article 9 of this Ordinance.
B. A legal nonconforming use may be altered in whole or in part in a way which diminishes the extent of its nonconformity without first receiving a special-use permit as required in Section 804 A above; provided, however, that once a nonconforming use is made less nonconforming for a period of one year, or for eighteen months during any three-year period, it shall not be permitted to resume the previous extent of its nonconformity.
C. Any addition, extension or enlargement of a nonconforming use shall conform to all other applicable District Regulations and District Dimensional Regulations required by this Ordinance for ìother permitted usesî and for the zoning district in which such use or structure is located.
D. Nothing herein shall prevent a legal nonconforming use from adding yard, off-street parking or off-street loading space to conform to the yard, parking or loading space requirements of this Ordinance.
E. A nonconforming building or structure shall not be moved in whole or in part unless such building or structure is made to conform to all of the regulations of the zone in which it is to be located.
F. A legal nonconforming single-family dwelling shall not be subject to the provisions of this Article and may be altered, added to, changed or moved; provided, that the dwelling be subject to the requirements of the nearest residential district as measured from the property line.
G. If a nonconforming structure can be extended or enlarged in any lawful manner without increasing the extent of its nonconformity, then any extension or enlargement thereof shall only be permitted in accordance with the District Dimensional Regulations of Section 603.
H. A use established by variance or special-use permit shall not acquire the rights of this Section. (back to top)
A legal nonconforming use shall not be changed to another nonconforming use but may be changed to a use conforming to the provisions of this Ordinance. A legal nonconforming use, if changed to a conforming use, may not hereafter be changed back to a nonconforming use. (back to top)
An unimproved lot or parcel having a lot width or lot area which is less than required by Section 603, may be considered buildable for a use permitted as a matter of right under Section 602, but not for any use permitted by special exception, regardless of the lot width or area, provided such lot or parcel of land was shown on a plat or on a deed duly recorded prior to December 18, 1985.
Nothing in this Section shall be construed to exempt a nonconforming lot of record from complying with the Maximum Percentage of lot coverage of principal and accessory buildings, as contained in Section 603 for the zoning district in which such lot is located. (back to top)
Any building permit for a nonconforming use, which was legally issued prior to the enactment or subsequent amendment of this Ordinance, will expire if not activated within ninety (90) days from the date of such enactment or amendment. (back to top)