It is the purpose of this article to provide for the regulation
of nonconforming uses, buildings, and structures. It is not the purpose
of this article to deprive the owner of any existing property of its
use or maintenance for the purpose to which it is lawfully devoted
at the time of the adoption of this chapter but to provide for the
regulation and, if necessary, the gradual elimination of uses, buildings
or structures which are incompatible with the character of the districts
in which they are located.
Any nonconforming building, structure or use which existed lawfully
at the time of the adoption of this chapter and which remains nonconforming
and any such building, structure or use which shall become nonconforming
upon the adoption of this chapter or of any subsequent amendment thereto
may be continued in accordance with the regulations which follow.
Any lawful existing use which does not conform with the regulations
of the district in which it is located shall be subject to the following
provisions:
A. A nonconforming use shall not be enlarged nor shall it be extended
to occupy an area greater than the area occupied by such use on the
effective date of this chapter.
B. A nonconforming use shall not be moved in whole or in part to any
other position of the lot or parcel occupied by such use on the effective
date of this chapter or any amendment creating the nonconformity.
C. If a nonconforming use of land ceases for a period of six months
or more and if the building or structure thereon is adaptable to a
use permitted in the district in which it is located, then a subsequent
use of land must conform to the regulations specified by this chapter
for the district in which it is located.
D. Should a nonconforming use of structure or building, which is designed
or intended for a use which is not permitted in the district in which
it is located, be damaged or destroyed by fire or other casualty or
act of God to the extent that the cost of restoration to the condition
in which it was before the occurrence will exceed 50% of the cost
of the restoration of the entire building new, then it shall not be
restored unless said building or structure or use shall conform to
all of the regulations of the district in which it is located.
E. A nonconforming use shall not be changed to another nonconforming
use when such nonconforming use is located in a building or structure,
all or substantially all of which building or structure is designed
or intended for a use permitted in the district in which it is located.
A nonconforming use shall be discontinued and cease in accordance
with the following:
A. Where no buildings or structures are employed in connection with
such use, it shall be discontinued within one year.
B. Where only buildings or structures or other physical improvements
employed are accessory or incidental to such use and have an assessed
valuation of not more than $2,000, they shall be discontinued within
two years.
C. Where a nonconforming use of land is accessory to the nonconforming
use of a building or structure, it shall be discontinued on the same
date on which the nonconforming use or building or structure is discontinued.