Except as otherwise provided in this article, any lot, use,
building or structure existing at the time of enactment of this chapter
may be continued subject to the limitations described in this article,
although it is not in conformity with the regulations specified by
this chapter for the district in which it is located or otherwise
applicable.
All nonconforming uses and signs when discontinued for a period
of one year or nonconforming buildings, structures or signs, when
damaged or deteriorated to an extent of 50% or more of replacement
costs or damages or deteriorated to an extent less than 50% and where
repair has not started within six months and repair completed within
one year, shall not be continued, repaired or reconstructed. Vacating
of premises or buildings or nonoperative status of such premises,
buildings, structures or signs shall be conclusive evidence of discontinued
use.
A nonconforming structure that is partially damaged or entirely
destroyed by natural or accidental causes not related to demolition
or neglect may be rebuilt and occupied for the same use as before
the damage, provided:
A. The reconstructed structure shall not increase any dimensional nonconformity.
B. The reconstruction shall start within six months from the time of
damage to the structure and be completed within one year from the
time of damage to the structure.
C. The Zoning Officer may extend the time requirements for a single
period not to exceed six months upon the applicant's demonstration
of extraordinary circumstances requiring the delay of either the start
or completion of reconstruction.
If a nonconforming structure or building or portion thereof
containing a nonconforming use becomes physically unsafe or unlawful
due to lack of repairs or maintenance and is declared by any duly
authorized official to be unsafe or unlawful by reason of physical
condition, it shall not thereafter be restored, repaired or rebuilt
except in conformity with the regulations of the district in which
it is located.
It is the express intent and purpose of this chapter that if
a building, structure, sign or land was expanded or extended to the
limits of expansion for a nonconforming building, structure, sign
or use of land as authorized by a prior zoning regulation or ordinance,
no further expansion of said building, structure, sign or land shall
be authorized. In the event a nonconforming building, structure, sign
or use of land was expanded to a portion of the limits of expansion
authorized by a prior zoning regulation or ordinance, additional expansion,
if permitted by this chapter, shall only be authorized to the amount
of expansion not previously utilized pursuant to said prior zoning
regulation or ordinance.
Any use that is permitted by variance under the terms of this
chapter shall not be deemed a nonconforming use. Any expansion and/or
alteration of such use will require approval of another variance by
the Zoning Hearing Board.