The use of a nonconforming building, structure,
or land, existing and lawful at the time of enactment of this chapter
or at the time of any amendment hereto which made the use of a building,
structure or land nonconforming, may continue except as hereinafter
provided.
[Amended 2-20-2018 by Ord. No. 548]
A. Subject to the provisions of Article
VIII of this chapter, a nonconforming structure or building containing a nonconforming use wholly or partially destroyed by fire, explosion, flood or other natural phenomenon or legally condemned may be reconstructed, restored and used for the same nonconforming use, or in the case of a nonconforming building or structure, it may continue as a nonconforming building or structure, provided that reconstruction and restoration of the building or structure shall be commenced within one year of the date of destruction or condemnation of the building or structure and shall be carried on without interruption. In the case of a nonconforming building or structure, no such reconstruction or restoration shall increase the degree of nonconformity of the building or structure.
B. Except as provided for in Subsection
A, in the event of the removal, replacement, or destruction of a nonconforming structure, the reconstruction or restoration of the nonconforming structure shall be prohibited if the cost of the reconstruction or restoration exceeds 60% of the replacement value of the entire structure. Such instances shall result in forfeiture of the nonconforming status, and must subsequently be brought within all the prevailing restrictions applied to the surrounding district.
If a nonconforming use of a building, structure
or land is intentionally abandoned for a continuous period of one
year, thereafter use of such building, structure or land shall be
in conformance with the provisions of this chapter. With regard to
both mixed use and singular use of buildings, structures or land,
abandonment shall commence upon cessation of the nonconforming use.
A nonconforming use may be changed to a conforming
use only as provided in the applicable zoning district regulations.
Once changed to a conforming use, no structure, building or land shall
be permitted to revert to a nonconforming use. For purposes of this
section, a change is not effected by either normal repairs and maintenance
for upkeep purposes or the provision of modern instrumentalities necessary
and helpful to reasonable continuation of the nonconforming use, which
instrumentalities, either by nature or extent, do not act to change
the nonconforming use to a different nonconforming use.