Building or structure nonconforming by use
(a) Generally. Nonconforming uses are incompatible with and detrimental to permitted uses in the zoning districts in which they are located. Nonconforming uses cause disruption of the comprehensive land use pattern, inhibit present and future development of nearby properties, and confer upon the owners a position of unfair advantage. It is intended that existing nonconforming uses shall not justify further departures from this chapter for themselves or for any other properties. Due to the disruption which nonconforming uses cause to the peace and tranquillity of a residential zone, nonconforming uses therein should be eventually abolished or reduced to total conformity over time.
(b) Moving, addition and/or enlargement. A building or structure containing a nonconforming use shall not be moved in whole or in part on site nor shall it be enlarged unless the use contained within such building or structure, including but not limited to such addition and enlargement, is made to conform to the use regulations of the zone in which it is located or a special use permit is granted by the zoning board of review subject to section 21-308(f). The movement of a building or structure containing a nonconforming use off site shall be permitted only if the use contained within such building or structure conforms to the use regulations of the zone in which it is relocated.
(c) Expansion. A nonconforming use of a building or structure shall not be expanded into any other portion of the building or structure which contains a conforming use or which is unoccupied or unused.
(d) Intensification. A nonconforming use of a building, structure or land shall not be intensified in any manner. Intensification shall include but not be limited to increasing the number of dwelling units or increasing the seating capacity of a place of assembly. However, this subsection shall not prohibit the interior reconfiguration of existing dwelling units within a building or structure so long as such reconfiguration complies with the dimensional requirements for the zone in which it is located.
(e) Change of use. A nonconforming use shall only be changed to a permitted use. A nonconforming use, if changed to a permitted use, may not be changed back to a nonconforming use.
(f) Special use permit for enlargement. The zoning board of review may grant a special use permit for the enlargement of an existing building or structure which constitutes a nonconforming use, provided the work complies with all of the following applicable development standards:
(1) The reconstructed building does not result in an increase in the existing degree of any dimensional nonconformity;
(2) The footprint of the building or structure is not enlarged by greater than 25 percent of the existing building footprint as of the date of adoption of this amendment;
(3) The exterior appearance of the reconstructed building remains substantially the same or is changed to enhance its appearance on the site and harmony with the surrounding area;
(4) It must be demonstrated that the site can accommodate the proposed level of use. Consideration shall include, but not be limited to, safety, traffic, parking, sewage disposal capacity, utilities, noise levels, adequate buffering, odors and quality of water and air.
(Ord. No. 95-3, § 1, 5-8-1995; Ord. No. 08-05, §§ 1, 2, 4-7-2008)