§ 245-11. Nonconforming uses of structures.  


Latest version.
  • If a lawful use of a structure or of a structure and land in combination, exists at the effective date of adoption or amendment of this chapter, that would not be allowed in the zone under the terms of this chapter, the lawful use may be continued subject to § 245-12 of this section, so long as it remains otherwise lawful, subject to the following provisions:
    A. 
    Conformance required. Except as hereinafter specified, no land, building, structure, or premises shall hereafter be used, and no building, or part thereof or other structure shall be located, erected, reconstructed, extended, enlarged, converted, or altered, except in conformity with the regulations herein specified of the district in which it is located.
    B. 
    Continuing existing uses. Except as provided in § 245-12, any lawful use, building, or structure existing at the time of the enactment of this chapter (including a seasonal use) may be continued, even though such use, building, or structure may not conform with the provisions of this chapter for the district in which it is located.
    C. 
    Nonconforming uses. No existing building or premises devoted to a use not permitted by this chapter in the district in which such building or premises is located, except when required to do so by law or order, shall be enlarged, extended, substituted, or structurally altered by more than 10% unless the use thereof is changed to a use permitted in the district in which such building or premises is located.
    D. 
    Substitution:
    (1) 
    If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or of a more restricted classification.
    (2) 
    Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed back to a less restricted use.
    (3) 
    When authorized by the Board of Appeals according to the provisions of Article XIX of this chapter, a nonconforming use of land or building may be changed to another nonconforming use of equal or more restricted classification.
    E. 
    Discontinuance. No building, structure, or premises where a nonconforming use has ceased for a period of one year or more shall again be put to a nonconforming use, except upon approval by the Board of Appeals. The repair of damages, irrespective of extent or value, due to fire, flood, or other act of God shall not require Board of Appeals approval.
    F. 
    Extensions:
    (1) 
    A building devoted to a nonconforming use may be completed or extended, and other buildings may be erected in addition thereto, for uses necessary and incidental to the continuation of the existing use, provided that such additions and extensions are located on the same premises or on adjoining premises that were under the same ownership on the date such building became nonconforming, and provided that the floor areas of all such additions and extensions shall not exceed, in the aggregate, 50% of the floor area of the existing building devoted to a nonconforming use. Any extension of a nonconforming use or structure shall be subject to Board of Appeals approval as provided in Article XIX. The extension or completion of a building or the construction of additional buildings as herein provided shall not be deemed to extend or otherwise affect the date when such nonconforming use or building must be changed or removed, if subject to any of the provisions of Article III.
    (2) 
    Any dwelling lawfully existing at the time of enactment of this chapter, not located on a lot having frontage on a road as required herein, may be continued and may be enlarged, without increasing the number of dwelling units therein, provided that no such addition shall extend closer to the road than the existing building or the setback line for the district.
    (3) 
    A nonconforming use may be extended throughout those parts of a building which were manifestly designed or arranged for such use prior to the effective date of this chapter, provided that no structural alterations are made except as required by law.
    (4) 
    A nonconforming use may be extended throughout those parts of a premises which were manifestly designed or arranged for such use prior to the effective date of this chapter, provided that no increase in the number of dwelling units (permanent or seasonal) occurs thereon, and such extension shall not extend closer to the property lines than existing setback requirements for the district in which such parcel of land is located.
    G. 
    Unsafe buildings. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by a proper authority.