Any lawful nonconforming use existing at the date of the adoption
of this chapter may be continued, and any existing building designed,
arranged, intended or devoted to a nonconforming use may be reconstructed
or structurally altered, subject to the following regulations:
A. Such building shall in no case be enlarged unless the use therein
is changed to a conforming use; provided, however, that the provisions
of this subsection shall not apply to an existing residence in a nonresidential
zone wherein residential uses are prohibited. Such an existing residential
use may be extended or enlarged, provided that the yard requirements
of the residential zone whose minimum lot size most closely approximates
the area of the residential lot are met.
B. A nonconforming use shall not be extended at the expense of a conforming
use.
C. A nonconforming use changed to a conforming use shall not thereafter
be changed back to a nonconforming use.
D. A nonconforming use shall not be permitted to be changed to another
nonconforming use.
E. A building which is conforming in use but violates the yard, setback
or height requirements shall not be extended within any required yard
or setback area nor extended above the height limits of this chapter.
No nonconforming building damaged by fire or other causes shall
be repaired or rebuilt so as to extend or enlarge either the nonconformity
of the building or the nonconforming use to which it was devoted at
passage of this chapter. Buildings totally destroyed by fire or other
causes, or demolished by the owner, shall not be rebuilt except in
conformity with the regulations of this chapter. Nothing in this chapter
shall prevent the strengthening or restoring to a safe condition of
any wall, floor or roof which has been declared unsafe by the Construction
Official.
Whenever the boundaries of a district shall be changed so as
to transfer an area from one district to another of a different classification,
the foregoing provisions shall also apply to any nonconforming uses
existing therein or created thereby.
Nothing herein contained shall require any change in plans,
construction or designated use of a building, structure or sign for
which a building permit has heretofore been issued and the construction
of which shall have been diligently prosecuted within three months
of the date of such permit, 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
be completed according to such plan as filed within one year from
the date of the adoption of this chapter.
Nothing in this chapter shall be interpreted as authorization
for or approval of the continuance of the use of a structure or premises
in violation of zoning regulations in effect at the time of the effective
date of this chapter.