The use of any lot, building or structure that
is existing and lawful at the time of the enactment of this chapter
or, in the case of any amendment to this chapter, at the time of such
an amendment, may be continued except as hereinafter provided, although
such use does not conform to the provisions of this chapter or subsequent
amendments.
A nonconforming building or any building containing
a nonconforming use that is destroyed to the extent of more than 50%
of its value shall not be repaired or rebuilt, except in conformity
with the regulations of this Zoning Ordinance. No building that has
been razed shall be rebuilt, except in conformity with the regulations
of this chapter.
If any nonconforming use of a building or land
is abandoned for a continuous period of one year or more, subsequent
use of such a building or land shall be in conformity with the provisions
of this chapter. For the purpose of this chapter, abandonment shall
commence when the nonconforming use ceases.
Once changed to a conforming use, no building,
structure or land shall be permitted to revert to a nonconforming
use. A nonconforming use may be changed to another nonconforming use
only if all of the following conditions are met:
A. Such change shall be permitted only as a special exception.
B. The applicant shall show that the nonconforming use
cannot reasonably be changed to a permitted use.
C. The applicant shall show that the proposed change
will be less objectionable in external effects than the existing nonconforming
use, with respect to:
(1)
Traffic generation and congestion, including
truck, passenger car and pedestrian traffic;
(2)
Noise, smoke, dust, fumes, vapors, gases, heat,
glare or vibration;
(3)
Storage, including storage of solid waste for
disposal; and