Any land the existing lawful use of which at the time of passage of this chapter does not conform with the regulations of the district in which it is located shall have such use considered as nonconforming use , which may continue on such land but shall be subject to regulations covering nonconforming uses .

Any lawful building or the lawful use of any building existing at the time of the passage of this chapter that does not conform to use , height, location, size or bulk regulations of the district in which it is located shall be considered a nonconformingbuilding or use and may continue such use in its present location, but shall be subject to the regulations covering nonconforming uses .

A building for which a valid permit has been issued and/or is actually under construction to the extent of completion of footings may be completed as a nonconforming use . Buildings not under actual construction at the time of passage of this chapter shall be built in conformity with its requirements.

A nonconformingbuilding or use shall be considered as such if the nonconformingbuilding or use does not comply with the regulations of the district in which it is located. A nonconforming use may not be changed to any use except one which is permitted in the zoning district in which the property is located.

A nonconforming use , when discontinued, may be resumed any time within one year from such discontinued date, but not after, as the same class of use , but cannot be resumed as a nonconforming use of a lower class.

A lawful nonconforming use may be expanded or extended when authorized as a special exception , subject to the following limitations:

   A.   Any such expansion or extension shall be limited to the lot on which the use is located, as that lot was defined when the use became nonconforming .

   B.   The total of all increases in the area within a building devoted to a nonconforming use shall not exceed 25% of the floor area devoted to the nonconforming use on August 20, 1956, or on the date the use became nonconforming , whichever is later. However, in no case shall the total of all such increases exceed 25% of the building coverage as it existed on such date. Where a nonconforming use is made of an area not within a building , the total of all increases in such area shall not exceed 25% of the area actually utilized in connection with the nonconforming use on such date.

   C.   Any such extension or expansion shall conform to the requirements of this chapter as they exist at the time of the proposed extension or expansion and with the height, yard , setback, buffer, impervious surface , floor and building area requirements of the zoning district in which the extension or expansion will be located. [Amended 9-14-2004 by Ord. No. 1139]

The Zoning Hearing Board shall have discretion to determine that the resumption or change of nonconforming use is of the same class of use and permissible.

A nonconformingbuilding which has been damaged or destroyed by fire, explosion, accident or calamity (as contrasted to deterioration due to time or neglect) may be reconstructed and used for the nonconforming use , provided that:

   A.   The reconstructed building shall not exceed in height, area and volume the building destroyed.

   B.   Building reconstruction shall be started within one year from the date the building was destroyed and shall be carried on without interruption.

A nonconformingbuilding which has been legally condemned shall not be rebuilt or used except in accordance with the provisions of this chapter. 37

Conforming usepermits shall be required for nonconforming uses existing at the time of passage of this chapter and shall be issued by the Zoning Officer without charge stating that the use is nonconforming . The Zoning Officer shall notify the occupant of property being used as a nonconforming use , whereupon the occupant shall apply for a permit within 30 days after receipt of the notice.