§ 205-25. Changes in use, building or structure.  


Latest version.
  • A. 
    Use. A nonconforming use lawfully existing at the effective date of this chapter may be changed to a conforming use. If any nonconforming use or building is changed to a conforming use or building, it shall not again be changed or altered except in conformity with the regulations prescribed by this chapter for the district in which such use or building is located. A nonconforming use shall not be enlarged, extended or changed to any other type of nonconforming use, except as otherwise provided in this article.
    B. 
    Land. A nonconforming use of land lawfully existing at the effective date of this chapter shall not be enlarged or increased, nor shall any such nonconforming use be extended to occupy a greater area of land than that occupied at the effective date of this chapter, nor shall any such nonconforming use be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use.
    C. 
    Building. No nonconforming building lawfully existing at the effective date of this chapter shall be relocated, enlarged, expended, reconstructed or structurally altered unless in conformity with the regulations prescribed by this chapter, except as follows:
    [Amended 1-26-2006 by L.L.. No. 1-2006]
    (1) 
    Upon approval of the Board of Appeals, a nonconforming use lawfully existing at the effective date of this chapter may be extended to any parts of a conforming building which were manifestly arranged or originally designed for such use, but no such use shall be extended to occupy any land outside such building.
    (2) 
    If no structural alterations are made, and subject to approval of the Board of Appeals, a nonconforming use of a building lawfully existing at the effective date of this chapter may be changed to another nonconforming use which, in the opinion of the Board of Appeals, either by general rule or on a specific finding in a particular case, is of the same or a more restricted nature.