18.108.040 Restrictions.
Except for agricultural buildings and livestock, and any other agricultural activities, any nonconforming building, use or lot which does not conform with the regulations of the zoning district in which it is located shall be subject to the following restrictions which shall be interpreted to the extent allowable by law in a manner that ensures that property owners are not deprived of reasonable use of their property:
1. A nonconforming building may be enlarged, altered, or reconstructed on an existing permanent foundation as long as this does not create a new nonconformity of this code, except that expansion is permitted within the standards that were in place when the zone changed. Reconstruction of the exterior of the building must be complete within a period of 36 months of the building being damaged or destroyed. The Director of Community Planning, with the concurrence of the Borough Assembly, may extend this 36-month period to allow relief from emergencies or other extenuating circumstances which are outside the control of the landowner.
B. Nonconforming Uses.
1. Except as otherwise provided in this subsection, a building or premises devoted to or designed for, in whole or in part, a nonconforming use, may be enlarged or altered as long as the use reflects the nature and purpose of the use prevailing when the zoning took effect and there is no difference in the quality or character of the use.
2. Junkyards. A junkyard shall be allowed to continue or expand only within the boundaries of the fence required by FNSBC 18.96.130(B) in place at the time it became nonconforming.
3. Natural Resource Extraction and Outside Storage. Natural resource extraction and outside storage uses shall be allowed to expand to the boundaries of the lot on which they are located at the time they became nonconforming.
4. In the event that a nonconforming use of a building or premises, or part thereof, is discontinued for any reason for a period of 36 months, the subsequent use of the same building or premises, or part thereof, shall thereafter be in conformance with the zoning district in which it is located. The Director of Community Planning, with the concurrence of the Borough Assembly, may extend this 36-month period to allow relief from emergencies or other extenuating circumstances which are outside the control of the landowner.
C. Nonconforming Lots.
1. In any zoning district, a lot which was lawfully subdivided and recorded prior to the adoption of the ordinance codified in this title or any subsequent amendment thereto, and that because of said adoption or amendment fails to meet the minimum lot size requirements of the zoning district in which it is located, shall be considered as a usable lot.
2. If a structure on a nonconforming lot encroaches onto an adjoining lot under common ownership, the two lots shall thereafter be considered a single lot for purposes of this title. (Ord. 2018-40 § 3, 2019; Ord. 2016-40 § 86, 2016; Ord. 2010-55 § 2, 2011; Ord. 97-013 § 4, 1997; Ord. 88-010 § 2, 1988. 2004 Code § 18.56.030.)