The following provisions shall apply to all buildings and uses existing on the effective date of this chapter, which buildings and uses do not conform to the requirements set forth in this chapter; to all buildings and uses that become nonconforming by reason of any subsequent amendment to this chapter and the
Zoning Map which is a part thereof; and to all conforming buildings housing nonconforming uses:
A. Any nonconforming use may be continued indefinitely,
but:
(1) Shall not be enlarged, extended, reconstructed or
placed on a different portion of the lot or occupied by such uses
on the effective date of this chapter, nor shall any external evidence
of such use as traffic, noise, vibration, smoke, dust, odors, heat
or glare be increased by any means whatsoever.
(2) Shall not be changed to another nonconforming use
without a special permit from the Board of Adjustment and then only
to a use which, in the opinion of such Board, is of the same or a
more restricted nature, all with approval of the Mayor and Council.
(3) Shall not be reestablished if such use has been discontinued
for any reason for a period of one year or more or has been changed
to or replaced by a conforming use. Intent to resume a nonconforming
use shall not confer the right to do so.
B. Except as provided in Subsection
D below, no building which houses a nonconforming use shall be:
(1) Structurally altered or enlarged.
(2) Moved to another location where such use would be
nonconforming.
(3) Restored for other than a conforming use after damage
from any cause exceeding 50% of the replacement cost of such building,
exclusive of foundations. Any such building damaged to a lesser extent
may be restored, but not enlarged, and the nonconforming use reinstated
within one year of such damage. If the restoration of such building
is not completed within the one-year period, the nonconforming use
of such building shall be deemed to have been discontinued.
C. Normal maintenance and repair, structural alteration
in and moving, reconstruction or enlargement of a building which does
not house a nonconforming use, but is nonconforming as to the zone
regulations for lot area, lot width, front yard, side yard, rear yard,
maximum height, maximum lot coverage or minimum livable floor area
per dwelling, is permitted if the same does not increase the degree
of, or create any new nonconformity with such regulations in such
building.
D. Nothing in this chapter shall be deemed to prevent
normal maintenance and repair of any building or the carrying out,
upon the issuance of a building permit, of major structural alterations
or demolitions necessary in the interest of public safety. In granting
such a permit, the Building Inspector shall state the precise reason
why such alterations were deemed necessary.