A nonconforming use may continue, be bought
or sold, altered, restored or extended subject to the provisions of
this article even though such use does not conform to the regulations
established for that zoning district in which it is located. However,
one nonconforming use cannot be changed to another type of nonconforming
use.
Nothing in this chapter shall prevent the strengthening
or restoring to a safe condition of any portion of a building or structure
declared unsafe by a proper authority.
Any nonconforming structure or any structure housing a nonconforming
use that is damaged by fire, flood, explosion or other casualty may
be reconstructed and used as before the damage occurred if such reconstruction
is undertaken within 12 months of such casualty, and if the restored
structure has no greater lot coverage and contains a cubic content
no greater than before such casualty.
Nothing herein contained shall require any change
in plans, construction or designated use of a building or structure
for which a permit has been issued and the construction of which shall
have been diligently prosecuted within two months of the date of such
permit, and the ground-story framework of which shall have been completed
within four months of the date of the permit, and which entire building
shall be completed according to such plans as filed within one year
from the date of legal enactment of this chapter.
The nonconforming use of a building or land
which has been abandoned shall not thereafter be returned to such
nonconforming use. A nonconforming use shall be considered abandoned
when one of the following conditions exists:
A. When the intent of the owner to discontinue the use
is apparent.
B. When the characteristic equipment and furnishing of
the nonconforming use have been removed from the premises and have
not been replaced by similar equipment within 90 days, unless other
facts show intention to resume the nonconforming use.
C. When a nonconforming use has been discontinued for
a period of six months.
D. When it has been replaced by a conforming use.
E. When it has been changed to a use permitted as a special
exception by the Zoning Hearing Board.
Nothing in this chapter shall be interpreted
as authorization for or approval of the continuance of the illegal
use of a structure or premises in violation of zoning controls in
existence at the time of the effective date of legal enactment of
this chapter.
Whenever the boundaries of a district shall
be changed so as to transfer an area from one district to another
district of a different classification, the foregoing provisions shall
apply to any nonconforming use existing therein.
The Zoning Officer shall be responsible for
preparing a list of all nonconforming uses existing at the time of
the legal enactment of this chapter, and such list shall be maintained
for public use and information.