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(a) Nonconforming Uses. A nonconforming use which was made of land before the first effective date of any zoning regulation with which such use does not conform, may be continued as herein provided, but not otherwise. No such permitted nonconforming use shall be enlarged, extended or changed, nor shall any structural alteration be made to any building or other structure in which such nonconforming use is conducted, except as provided herein:
(1) Changes. A nonconforming use may be changed to any conforming use. A nonconforming use may be changed to another nonconforming use by special permission of the Board of Zoning Appeals as provided for in Section 1246.02. Such special permission may be granted only if the Board finds, after a public hearing, that such changed use is of a more restricted nature than the existing nonconforming use.
(2) Discontinuances. If active and continuous operation of a nonconforming use is ceased for a continuous period of two years, or is changed to or replaced by a conforming use, the building, other structure or lot previously devoted to such nonconforming use shall thereafter be occupied and used only for a conforming use, according to all the use regulations of the district in which such building, other structure or lot is located. Any intent to resume active operations shall not affect the foregoing.
(3) Damage and destruction. If a building or other structure containing a nonconforming use is damaged or destroyed, by any means, such building or other structure may be reconstructed or restored and thereafter occupied and used only for a conforming use, except that a residential structure can be rebuilt as a matter of right even if such residential structure would not be a conforming use, provided that a permit to rebuild is applied for within one year from the date of destruction and provided, further, that construction is complete within one year from the date of the application for the permit to rebuild.
(4) Extensions. The Board may permit, after a public hearing, the extension of a nonconforming building upon a lot occupied by such building or on an adjoining lot, provided that such lot was under the same ownership as the lot in question at the time the use of such building became nonconforming, and that such extension is necessary and incidental to such existing nonconforming use. The extent of such extension shall not exceed, in all, ten percent of the existing ground floor area of the existing building devoted to a nonconforming use, and such extension shall be within a distance of not more than twenty-five feet of the existing building or premises. Only one such extension shall be permitted. The Board may also permit, after a public hearing, the extension of a nonconforming use subject to the limitations set forth above and further subject to the Board finding that such extended nonconforming use will not be more harmful or objectionable to the surrounding area or impair the orderly development of the Municipality.
(5) Repairs and structural alterations. Nothing in this section shall be deemed to prevent normal maintenance and repair of a building or other structure containing a nonconforming use. Structural alterations may be made to a building or other structure containing a nonconforming use as follows:
A. When required by law; or
B. When a building or other structure containing residential nonconforming uses may be so altered as to improve interior livability. However, no such structural alterations shall be made in excess of the area, height or yard limits of the district in which such building is located.
(b) Nonconforming Lots of Record. In any district in which single-family dwellings are permitted, a single-family dwelling and its customary accessory buildings may be erected on any single lot of record at the effective date of the adoption or amendment of this Zoning Code, notwithstanding limitations imposed by other provisions of this Zoning Code. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership.
If two or more lots, or a combination of lots and portions of lots with continuous frontage in single ownership, are of record at the time of the passage or amendment of this Zoning Code, and if all or part of the lots with no buildings do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for purposes of this section, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established in this Zoning Code, nor shall any division of any parcel be made which creates a lot with a width or area below the requirements stated in this Zoning Code.
(Ord. 2002-45. Passed 8-22-02; Ord. 2017-18. Passed 9-14-17.)