Within the districts established by this ordinance or amendments that may later be adopted, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before the ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this ordinance or future amendment. It is the intent of this ordinance to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. The provision[s] of this section shall not apply to nonconforming signs. Nonconforming signs are addressed in Article XXII, sign ordinance.

(Ord. No. 135-182, 7-16-07)

A lawful nonconforming use existing at the effective date of this ordinance may be continued, except as hereafter provided, although, such use does not conform with the provisions of this ordinance.

(Ord. No. 135-182, 7-16-07)

Nothing in this ordinance shall prevent the restoration of any building or structure to a safe or sanitary condition when required by the proper authorities.

(Ord. No. 135-182, 7-16-07)

No nonconforming building or structure which has been damaged by fire or other causes to the extent of more than 50 percent of its fair market value at the time of such damage shall be rebuilt or restored except in conformity with the provisions of this ordinance. If a nonconforming building is damaged less than 50 percent of its current replacement value it may be rebuilt or restored and used as before the damage, provided that such rebuilding or restoration is completed within 180 days of the date of such damage. Moreover, all debris from the damaged structure shall be removed within 90 days from the date of such destruction.

(Ord. No. 135-182, 7-16-07)

A nonconforming use which has been discontinued for a continuous period of 180 days shall not be re-established and any future use shall be in conformity with the provisions of this ordinance.

(Ord. No. 135-182, 7-16-07)

A nonconforming use shall not be changed to another nonconforming use of the same or a less restrictive classification. A nonconforming use which is changed to a conforming use or to another nonconforming use of a more restrictive classification shall not be permitted to revert to the original or less restrictive use.

(Ord. No. 135-182, 7-16-07)

Whenever any street, alley or other public way is vacated or abandoned by official action of the City of Pelham, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of same and all area included therein shall then be subject to all appropriate regulations of the extended district.

(Ord. No. 135-182, 7-16-07)

An undersized lot of record that previously met lot size requirements under this ordinance, but which has been made nonconforming in size by adoption of this ordinance may be used as a buildable lot, as long as, all zoning requirements (other than lot size and setbacks), ordinances, laws, and regulations are met.

(Ord. No. 135-182, 7-16-07)