PART II, GENERAL LEGISLATION

Chapter 190, ZONING

 

ARTICLE XI, Nonconforming Uses and Structures

§ 190-116. Applicability.

These provisions shall apply to all buildings or structures, and all uses of buildings or structures or lots lawfully existing prior to the effective date of this chapter or of subsequent amendments, revisions or re-enactments of this chapter which do not conform to the provisions of said original chapter or to such revisions or re-enactments on their effective dates.

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§ 190-117. Unlawful structures and nonconforming uses.

No unlawful building or structure or unlawful use of a building or structure or lot existing at the effective date of this chapter shall be deemed to be a nonconforming building, structure or use.

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§ 190-118. Continuance; repair or reconstruction.

  1. 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 to the extent existing at the time it became nonconforming, except as otherwise provided for in this Article.
  2. A building or structure used by a nonconforming use shall not be reconstructed, structurally altered, restored or repaired to an extent exceeding 50% of the replacement cost of such building or structure, exclusive of foundations, unless the use of such building or structure is changed to a conforming use, provided that the reconstruction, restoration or repair of a structure partially destroyed shall commence within six months of the date of the partial destruction and is completed within 12 months of the date of destruction.
  3. A nonconforming building or structure that is not devoted to a nonconforming use may be reconstructed, structurally altered, restored or repaired in whole or in part, and the provisions of Subsection B shall not apply, except that the degree of nonconformity shall not be increased. However, where the nonconformity of a structure is due solely to the location of the structure being in violation of one or more setback restrictions herein, the structure may be enlarged or added to whenever, in the opinion of the Building Inspector, the addition shall be no closer to any violated side, front or rear lot line than the nearest point of the existing structure to such side, front or rear lot line and does not change the character of the neighborhood. [Amended 12-15-1986 by L.L. No. 3-1986]
  4. A nonconforming lot separately owned and not adjoining any lot or land in the same ownership at the effective date of this chapter, or any subsequent date hereafter, may be used or a building or structure may be erected on such lot for use in accordance with all the other applicable provisions of this chapter, provided that proof of such separate ownership is offered in the form of a title search.
  5. An existing building designed and used for a conforming use, but located on a nonconforming lot, whether the building is conforming or nonconforming with respect to lot coverage and minimum yard requirements, may be reconstructed, structurally altered, restored or repaired in whole or in part, except that the degree of nonconformity shall not be increased.

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§ 190-119. Enlargement; change.

  1. A nonconforming use shall not be enlarged or extended, except as provided in § 190-131B.
  2. Change.
    1. A nonconforming use shall be changed only to a conforming use, except as provided in § 190-131B.
    2. Nothing in this chapter shall prevent the compliance of an existing multiple dwelling with the provisions of the Multiple Residence Law.

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§ 190-120. Abandonment.

  1. A nonconforming use shall be deemed to have been abandoned:
    1. When it is changed to a conforming use.
    2. 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.
    3. 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 six consecutive months.
  2. A nonconforming use that has been abandoned shall not thereafter be reinstated.

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§ 190-121. Compulsory termination.

  1. A nonconforming structure or nonconforming use may be subject to compulsory termination by the municipal legislative body when it is found detrimental to the conservation of the value of surrounding land and improvements or to future development of surrounding lands and, therefore, is tending to deteriorate or blight the neighborhood.
  2. In ordering the compulsory termination of a nonconforming structure or nonconforming use, the municipal legislative body will establish a definite and reasonable amortization period during which the nonconforming structure or nonconforming use may continue while the investment value remaining after the date of the termination order is amortized. Determination of the amount to be amortized shall be based on the value and condition of the land and improvements for the nonconforming use and such other reasonable costs as the termination may cause. The rate of amortization shall be in accordance with reasonable economic practice.

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