Whenever a nonconforming use has been discontinued
for a continuous period of one year such use shall not thereafter
be reestablished, and any future use of such land or building must
be in conformity with the provisions of this chapter. For the purposes
of this chapter, abandonment shall commence when the nonconforming
use ceases.
Once changed to a conforming use, no structure
or land shall be permitted to revert to a nonconforming use. A nonconforming
use may be changed to another nonconforming use only under the following
conditions:
A. Such change shall be permitted only by special exception,
under the provisions of this chapter.
B. The applicant shall show that a nonconforming use
cannot be reasonably 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, heat, odor, glare,
or vibration;
(3) Storage and waste disposal; and
A nonconforming building or any building containing
a nonconforming use which has been damaged or destroyed by fire, explosion,
accident, or calamity (as contrasted to deterioration due to time
or neglect) may be reconstructed and used for the nonconforming use,
provided that:
A. The reconstructed building shall not exceed in height,
area and volume the building destroyed except that extensions may
be made as provided for herein.
B. Building reconstruction shall be started within one
year from the date the building was destroyed and shall be carried
on without interruption.
A nonconforming building which has been legally
condemned shall not be rebuilt or used for nonconforming purposes.
No nonconforming use shall be extended to displace
a conforming use.
The Zoning Officer may provide for the registration
of all uses which are nonconforming under the terms of this chapter
within a reasonable time after the effective date of the chapter.
The record of nonconforming uses shall certify, after inspection,
the extent and kind of use and disposition of the buildings and land.
Upon notification, each occupant or owner of a premises used for nonconforming
use shall make available such information as may be necessary to determine
the extent and nature of the nonconforming use.