Scope
(a) Any lawful use of land or a building existing at the date of passage of this subchapter and located in a district in which it would not be permitted as a new use under the regulations of this subchapter, is hereby declared to be a nonconforming use, and not in violation of this subchapter at the date of adoption of this subchapter; provided, however, a nonconforming use shall be subject to the regulations in subsection (h) of section 234 of this subchapter.
Record of nonconforming uses
(b) Within twelve (12) months after the adoption of this law or any amendments thereto, the Zoning Administrator shall prepare a complete record of all nonconforming uses of lands, buildings and structures existing at the time of such law or amendment and shall notify the owners of record of said lands, buildings and structures. Such record shall contain the names and addresses of the owners of record of such nonconforming use and of any occupancy other than the owner, the legal description of the land, and the nature and extent of such use. Such list shall be available at all times in the office of the Zoning Administrator.
Certificate of occupancy for nonconforming uses
(c) The owner of a property in a nonconforming use shall, within sixty (60) days after notification by the Zoning Administrator, sign and return to the Zoning Administrator one copy of the notification, if he agrees that property, ownership and nonconforming use are accurately described in the notification. If he finds that the Zoning Administrator has erred in any respect, he shall certify to the correct facts by affidavit to the Zoning Administrator. Upon receipt of the signed copy of the notification by the Zoning Administrator, the owner shall be issued a Certificate of Occupancy for the nonconforming use. Such certificate shall designate the location, nature and extent of the nonconforming use and such other details as may be necessary for the issuance of the Certificate of Occupancy.
Any nonconforming use for which a Certificate of Occupancy has not been issued shall be presumed to be a violation of this subchapter. If the Zoning Administrator shall find, upon reviewing any application for a Certificate of Occupancy that the existing use is illegal or in violation of any other ordinance or law, or if he finds that the building for which the Certificate is requested has been constructed or altered for the existing use or any other use without full compliance with the building code or zoning law in effect at the time of construction or alteration, he shall not issue the Certificate of Occupancy but shall declare such use to be in violation of this subchapter.Continuation of nonconforming use of land or buildings
(d) Nothing contained in this subchapter shall be deemed to prohibit the continued use of land or buildings for any purpose, which use existed and was lawful on the effective date of this subchapter, although such use does not conform to the requirements specified in this subchapter for the district in which such land or buildings are located.
Change of nonconforming use
(e) A nonconforming use may be changed to another nonconforming use in the same zoning classification providing no structural changes are made in the building. Whenever a nonconforming use has been changed to a conforming use, it shall not revert back to a nonconforming use.
Extension of a nonconforming use
(f) A nonconforming use may be extended throughout the building it occupies, provided no structural alterations or changes are made therein except those required by law or regulation or such as may be necessary to secure or insure the continued advantageous use of the building during its natural lifetime.
A nonconforming use of land may be extended throughout the lot it occupies, but not closer to adjacent properties than would be allowed for a permitted use in the zoning district, except that in the case of activities devoted to extracting soil, rock or other minerals from land, a minimum distance of one hundred feet from adjoining properties shall be maintained. However, no building occupied by a nonconforming use shall be extended or enlarged in any manner except as may be required by law or regulation or changed to a conforming use.Restoration of nonconforming building
(g) Nothing in this subchapter shall prohibit, within a period of six (6) months from the date of destruction of a nonconforming building, the securing of a permit for the restoration of said building where its valuation immediately prior to such destruction has not been reduced by more than fifty (50) percent as a result of such destruction by fire, explosion, act of God, or act of the public enemy. The determination as to the extent of reduced valuation resulting from such destruction shall rest with the Commissioner of Planning and Natural Resources.
Discontinuance or abandonment of nonconforming use
(h) Any nonconforming use of land or building which has ceased by discontinuance or abandonment for a period of one (1) year shall thereafter conform to the provisions of this subchapter.