[Amended 12-13-2021 by Ord. No. 3588-21]
A. Continuance. Except as otherwise provided in this
article, the lawful use of land or buildings existing at the date
of the adoption of this chapter may be continued although such use
or building does not conform to the regulations specified by this
chapter for the district in which such land or buildings is located;
provided, however:
(1) That no nonconforming lot shall be further reduced
in size.
(2) That no nonconforming building shall be enlarged,
extended or increased.
(3) That no nonconforming use may be enlarged, extended
or increased.
(4) That the lawful use of a nonconforming building may
be extended to any portion of such nonconforming building.
B. Restoration. If any nonconforming building or use
shall be destroyed to an extent of 50% or less of the recorded true
valuation, then such destruction shall be deemed partial destruction
and may be rebuilt, restored or repaired. Such restoration shall take
place within 12 months of the time of destruction. Nothing in this
chapter shall prevent the strengthening or restoring to a safe condition
any wall, floor or roof which has been declared unsafe by the Building
Inspector. If this time period is exceeded, a building permit shall
only be issued for a conforming use.
C. Abandonment. An abandoned nonconforming use shall
not be reinstated. A nonconforming use shall be adjudged as abandoned
when there occurs a cessation or discontinuance of use by an act or
failure to act on the part of the tenant or owner to reinstate said
use within a one-year period.
D. Reversion. No nonconforming use shall, if once changed
into a conforming use, be changed back again to a nonconforming use.
E. Alterations. A nonconforming building or structure
may be reconstructed, but not enlarged or extended unless said building
is changed to a building conforming to the requirements of this chapter.
F. Actual construction. Nothing in this chapter shall
require any change in the plans, construction or designated use of
any building for which a building permit has been issued, provided
that actual construction is lawfully begun within six months and completed
within 12 months of the effective date of this chapter. In the event
that work is not commenced or completed within the required period,
such permit or permits shall be void.
G. Reclassification. Whenever the boundaries of a district
shall be changed so as to transfer an area from one district to another
of a different classification, the foregoing provisions shall also
apply to any conforming uses existing therein or created thereby.
H. Unlawful use. Nothing in this chapter shall be interpreted
as authorization for or approval of the continuance of the use of
a structure or premises in violation of zoning regulations in effect
at the time of the effective date of this chapter.
I. Nonconforming
lots may be continued for any purpose permitted in the zone in which
the lot is located, provided that:
(1) At
the time of and since the adoption of the zoning ordinance making
such lot nonconforming, the owner of the lot did not own adjoining
property; and
(2) The
property must be no less than 80% of the required measurement as to
width, length and lot size; and
(3) All
other regulations prescribed for the zone are or can be complied with.