For the purposes of this article, any nonconforming
structure or use, that complied with all applicable building zone
regulations at the time such structure was constructed or altered
or use commenced, but which does not conform with the regulations
provided by this chapter or any amendment thereof for the zone or
district in which it is situated, may be continued and any existing
structure designed, arranged, intended or devoted to a nonconforming
use may be reconstructed or structurally altered and the nonconforming
use changed, subject to the following regulations:
A. The cost of any reconstruction or structural alterations
shall in no case exceed 50% of the total equalized assessed value
(assessed value divided by the last state equalization rate) of such
land and buildings at the time such alteration is undertaken.
B. A nonconforming structure or use may be continued
only to the extent that it complied with the regulations in effect
immediately before it became a nonconforming building or use.
C. If a nonconforming structure or use is changed or
altered so that it conforms with some or all of the applicable regulations,
it shall not thereafter be changed or altered so that it ceases to
comply with such regulations.
D. If a nonconforming use is discontinued for more than
six months, such nonconforming classification shall be forfeited and
the building shall comply in all aspects to the Code requirements
in effect at the time of such discontinuance.
E. Nonconforming elements of the structure may not be expanded or enlarged.
[Added 5-11-2015 by L.L.
No. 3-2015]
Nothing in this chapter shall prevent the restoration
of a nonconforming structure damaged or destroyed by fire, explosion,
act of God or act of a public enemy to the extent of not more than
50% of its equalized assessed value at the time of such occurrence,
or shall prevent the continuance of the use of such structure or part
thereof as such use existed at the time of such damage or destruction.
Any nonconforming structure or use damaged or destroyed in the manner
aforesaid to an extent exceeding 50% of its equalized assessed value
at the time of such damage or destruction may be reconstructed and
thereafter used only in such a manner as to conform with all of the
provisions of this chapter.