§ VI-B
Nonconforming development
- 1. A non-conforming use of land lawfully existing at the time of the passage of this Ordinance may be continued provided that such non-conforming use of land shall not in any way be expanded or enlarged, except as provided in this Section.
- 2. A building or structure which is devoted to a non-conforming use existing at the time of the passage of this Ordinance that is lawfully destroyed or involuntarily destroyed, such as by fire or natural catastrophe, shall be completely repaired or completely reconstructed within two (2) years, provided it is devoted to the same use as was made of it before such partial or total destruction, in order to maintain legal non-conforming status.
- 3. When a non-conforming use has been abandoned for more than one (1) year, the building or structure or land that was devoted to such non-conforming use shall not thereafter be returned to such non-conforming use. Abandonment of a nonconforming use shall consist of some overt act, or failure to act, which would lead one to believe that the owner of the nonconforming use neither claims nor retains any interest in continuing the nonconforming use unless the owner can demonstrate an intent not to abandon the use. An involuntary interruption of nonconforming use, such as by fire and natural catastrophe, does not establish the intent to abandon the nonconforming use. However, if any nonconforming use is halted for a period of one (1) year, the owner of the nonconforming use will be presumed to have abandoned the nonconforming use, unless that presumption is rebutted by the presentation of sufficient evidence of intent not to abandon the use.
- 4. A building or structure that exists as a non-conforming use at the time of passage of this Ordinance, may continue to function as a non-conforming use of the same type or any other use that is permitted by this Ordinance, or other such use may be added to the existing use within the confines of the existing building, with the approval of the Zoning Board of Review.