Any lawful use, building or structure existing
at the time of the adoption of this chapter, or existing whenever
an amendment to this chapter is enacted, which shall be made nonconforming
at the passage of this chapter or any applicable amendment thereto,
may be continued except as otherwise provided by law.
No existing building or premises devoted to
a nonconforming use shall be expanded, reconstructed, substituted
or structurally altered except when required to do so by law or order
and as follows:
A. Restoration. Any nonconforming building or structure
damaged less than 50% of its then existing assessed value may be restored,
reconstructed or used as before, provided that the volume of such
use, building or structure shall not exceed the volume which existed
prior to such damage, and that it be complete within one year of such
happening, and provided that such restoration shall be conformity
with the requirements of this chapter.
B. Displacement. A nonconforming use shall not be extended
to displace a conforming use.
C. Change of use.
(1) A nonconforming use or structure shall not be changed
into a use which is permitted in a less restrictive district.
(2) A nonconforming use may be changed only into a conforming
use.
(3) When a nonconforming use shall be changed in accordance
with the provisions hereof, the use of the building or other structure
or tract of land shall not thereafter be changed again except in accordance
with these regulations.
D. Repairs.
(1) Normal maintenance repairs and incidental alteration
of a building or other structure containing a nonconforming use is
permitted, provided that it does not extend the area or volume of
space occupied by the nonconforming use.
(2) A building or other structure containing residential
nonconforming uses may be altered in any way to improve interior livability,
provided that no structural alterations shall be made which would
increase the number of dwelling units or the bulk of the building.
E. Prior approval. Nothing herein contained shall require
any change in the plans, construction or designated use of a building
complying with existing laws, a permit for which has been duly granted
and the construction of which shall have started before the date of
adoption of this chapter or any applicable amendment thereto, and
the ground story framework of which including the second tier of beams
shall have been completed within six months of the date of the permit,
and which entire building shall have been completed according to such
plans as have been filed, within one year of the date of adoption
of this chapter or any applicable amendment thereto.
[Amended 10-5-1995 by Ord. No. 95-007]
If any area on the Zoning Map is hereafter transferred to another district by a change in the zone district boundaries by amendment to said Zoning Map, the provisions of §
850-14E shall apply in the case of a building in such area for which completed plans have been filed, or for which a building permit has been issued prior to the effective date of an amendment.