ARTICLE
V
Nonconforming Uses and Structures |
§
174-18. Exemptions.
Any structure lawfully erected and existing and any use
lawfully being made of land or buildings which do not
conform to this chapter, as adopted or as amended, may
be continued to the same extent and for the same purpose
but shall not be expanded or altered, except in conformance
with this chapter. This exemption shall include buildings,
structures and uses authorized by a building or special
permit issued prior to the publication of the first hearing
notice for an amendment to this chapter which would make
them nonconforming, provided that the construction or
use under such a permit is commenced within six (6) months
after the permit is issued and, in case of construction,
is continued to completion in a reasonably expeditious
manner.
§ 174-19. Extensions or alterations. [Amended 4-10-2000
ATM, Art. 55]
A. Nonconforming structures or uses shall not be extended
or altered, except to make them conforming, unless the
Board of Appeals authorizes such extension or alteration
by special permit upon making findings as provided in
§174-9E.
B.
Single Family Residential Structures: In the following
circumstances, alterations, reconstruction, extension
or structural change to a single family residential structure
shall not be considered an increase in the nonconforming
nature of the structure and shall be permitted as of right:
(1)
Alteration to a structure which complies with all current
setbacks, lot coverage and building height requirements
but is located on a lot with insufficient area; where
the alteration will also comply with all of said current
requirements;
(2)
Alteration to a structure which complies with all current
setbacks, lot coverage and building height requirements
but is located on a lot with insufficient frontage, where
the alteration will also comply with all of said current
requirements;
(3)
Alteration to a structure which encroaches upon one or
more required setbacks, where the alteration will comply
with all current setbacks, open, lot coverage and building
height requirements. The provisions of this clause 3 shall
apply regardless of whether the lot complies with current
area and frontage requirements.
§
174-20. Restoration.
No structure damaged by fire or other causes to the extent
of more than seventy-five percent (75%) of its assessed
valuation shall be repaired or rebuilt, except in conformity
with this chapter; provided, however, that the provisions
of this section shall not apply to a dwelling or to a
garage or other accessory structure incidental to the
use of such dwelling for human habitation which was in
conformity with the existing law at the time said structure
was erected.
§
174-21. Abandonment.
A
nonconforming use, including a nonaccessory sign, if discontinued
for a period of two (2) or more years or abandoned shall
not be reestablished, and any future use of the structure
or premises shall conform to this chapter.
§
174-22. Reversion.
Once changed to a conforming use, no structure or land
shall be permitted to revert to a nonconforming use.
§ 174-23. Reconstruction.
Structures damaged by fire or other accident or natural
catastrophe to an extent of less than seventy-five percent
(75%) of the assessed valuation preceding such damage
may be rebuilt or restored to the same dimensions and
in the same location as before the damage, but shall not
be enlarged, altered or relocated except upon the issuance
of a special permit as provided in § 174-19.
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