Any nonconforming use existing at the effective
date of this chapter, the eighth day of May 1926, or that became nonconforming
by reason of any amendment thereto (but not to any use that is established
in violation of law) may be continued, and any existing building designed,
arranged or devoted to a nonconforming use may be reconstructed and
structurally altered, subject to the following regulations:
A. The cost of reconstruction or the cost of structural
alterations made in such a building shall in no case exceed 50% of
its structural value, nor shall the building be enlarged unless the
use therein is changed to a conforming use.
B. No nonconforming use shall be extended at the expense
of a conforming use.
C. If any nonconforming use is changed to or replaced
by a conforming use, the land and building theretofore devoted to
such nonconforming use shall thereupon be subject to all the regulations
as to the use for the district in which such land or building is located,
as if such nonconforming use had never existed.
D. No nonconforming use which shall have ceased for a
continuous period of one year or more shall be resumed, nor shall
it be replaced by another nonconforming use. The land and building
heretofore devoted to such nonconforming use shall thereupon be subject
to all the regulations as to use for the district in which such land
and building are located, as if such nonconforming use had never existed.
E. The alteration or addition does not increase the degree
of nonconformity.
The terms "reconstructed," "structurally altered"
and "structural alterations" as used in this article shall include
all materials and combinations of materials used in the reconstruction
or the alteration.
A nonconforming building or a building in which
nonconforming use is conducted that is destroyed or damaged by any
casualty to an extent not exceeding 50% of its value, exclusive of
foundation, at the time of such destruction or damage may be restored
within one year after such destruction or damage but shall not be
enlarged. If any such building is so destroyed or damaged to an extent
exceeding 50% of its value as above, it shall not be reconstructed
except for a conforming use.
Nothing in this article shall be deemed to prevent
keeping in good repair a building in which a nonconforming use is
conducted.
Any use for the establishment of which a permit
from the Board of Appeals is required under the use regulations for
a particular district, whether such use is existing in such district
at the time of the adoption of this section or is subsequently established
therein on the obtaining of such a permit, shall be deemed to be a
conforming use in such district, provided that any subsequent replacement
or enlargement of such use or of any building in which the same is
conducted or the construction of an additional building for such use,
beyond the extent specified in any such permit, shall be subject to
the obtaining of a further permit therefor from the Board of Appeals.