Any lawful use occupying any building, structure, lot or land at the time of the effective date of this chapter, or any amendment thereto, which does not comply, after the effective date of this chapter or any amendment thereto, with the use regulations of the district in which it is situated, may be continued in the building or structure or upon the lot or land so occupied.

A. A nonconforming use of any building, structure or land shall not be increased, enlarged, extended or changed in any manner whatsoever, except to a conforming use.

B. No building in which a nonconforming use exists shall be enlarged, extended or structurally altered in any manner; provided, however, that:

(1) Nothing herein shall prevent the repair and maintenance of any building wherein there exists a nonconforming use, provided that such maintenance and repair do not in any way constitute or result in a further extension of a nonconforming use.

(2) Minor alterations and improvements which do not constitute or require structural changes may be made in or to a building wherein a nonconforming use exists, provided that such nonconforming use will not be increased, extended or enlarged thereby.

(3) Nothing herein shall prevent the strengthening or restoration to a safe and lawful condition of any part of any building which is nonconforming.

C. Structural alterations, internal rearrangements and renovations may be made in a building or structure which is nonconforming because it fails to comply with height, area, yard, off-street parking or other like requirements of this chapter, other than use, as long as the structural alteration or increase, internal rearrangement or renovation does not extend or enlarge the nonconformance of said building or structure.

[Amended 2-4-1982 by Ord. No. 1-82; 2-4-2004 by Ord. No. 3-2004]

A. Restoration of existing buildings or structures nonconforming because of use. Whenever a building or structure is nonconforming by reason of its use, such building or structure may be restored or repaired in the event of partial destruction thereof and the nonconforming use may be resumed; provided, however, that such resumption shall not expand or enlarge the previously existing nonconforming use.

B. Restoration of existing buildings or structures nonconforming for reasons other than use. Whenever a building is nonconforming because it fails to comply with any height, area, yard, off-street parking or other like requirement of this chapter other than use and such building is partially destroyed, such building may be restored to its prior condition; provided, however, that such restoration shall not enlarge the previously existing nonconformance.

C. All plans for restoration of any nonconforming structure shall be reviewed by the Zoning Officer. Any plan to rebuild a partially destroyed nonconforming structure, whether nonconforming by use or nonconforming for reasons other than use, shall be reviewed and approved by the Zoning Officer; provided, however, that any such restoration shall be rebuilt on the same building footprint with the same building dimensions as the preexisting structure. The Zoning Officer shall also approve any such plan which proposes reconstruction with a smaller footprint or smaller building dimensions from the preexisting nonconforming structure. All plans for restoration not conforming with the foregoing shall require an application to the Zoning Board of Adjustment for review and approval.

D. Partial destruction. For purposes of this section, the term "partial destruction" shall mean any destruction of a structure which is less than 100% of the structure, including the foundation.

The following shall be taken as prima facie evidence of intent to abandon:

A. When it is changed to a conforming use.

B. In cases where such nonconforming use is of a building or structure designed for such use, when it has been voluntarily discontinued for a period of 12 consecutive months.

C. In cases where such nonconforming use is of a building or structure not designed for such use or is of a lot or land whereon there is no consequential building or structure devoted to such use, when it has been voluntarily discontinued for a period of 12 consecutive months.

No nonconforming use shall, if once changed into a conforming use, be changed to a nonconforming use.

Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit had been issued by May 25, 1979, and the construction of which shall have been diligently prosecuted within three months of the date of such permit and the ground story framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit and which entire building shall be completed according to such plans as filed within one year from the date of this chapter.

Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein or created thereby.

The following are provisions for existing nonconforming uses:

A. Continuance in accordance with § 242-61.

B. Restoration in accordance with § 242-63.

C. Construction with prior approval in accordance with § 242-66.

D. Nonconformance due to district change in accordance with § 242-67.

E. In the R-1 Zone, minimum front yard setback, minimum side yard setback and lot coverage in accordance with § 242-38D(4), (5) and (8), respectively.

F. In the R-2 Zone, minimum front yard setback in accordance with § 242-39D(4).

G. Existing nonconforming residential uses in B-1, B-2, B-3, M-1 and M-2 Zones shall be permitted to have accessory buildings and accessory uses permitted in the R-1 Zone and in accordance with § 242-38D requirements for the R-1 Zone.

[Added 6-4-1987 by Ord. No. 15-87]

Open, uncovered porches and decks to be added to single-family residences are permitted to encroach on side-yard setbacks, provided that:

A. They do not extend beyond the wall of the residence, i.e., do not increase the encroachment of the residence.

B. They do not have a roof and are not enclosed.

C. The application for the building permit for the deck or porch shall have attached to it a statement by the owner of the residence that the deck or porch will not be enclosed nor have a roof unless a variance has been received for it from the Zoning Board of Adjustment.

D. Said open uncovered porch or deck shall not be the subject of any other required variance.