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 zone in which
such land or buildings are located; provided, however, that:
A nonconforming use shall be adjudged as abandoned when there
occurs a cessation of any use or activity by an apparent act or failure
to act, on the part of the tenant or owners, to reinstate such use
within a period of one year from the date of cessation or discontinuance.
Such use shall not thereafter be reinstated, and the structure shall
not be reoccupied, except in conformance with this chapter.
[Amended 5-26-1969 by Ord. No. 1969-5[1]]
If any nonconforming building, structure or sign shall be destroyed
by reason of windstorm, fire, explosion or other act of God or the
public enemy to an extent of less than 75% of true value as determined
by an appraiser appointed for that purpose, then such destruction
shall be deemed partial destruction and may be rebuilt, restored or
repaired. Nothing in this chapter shall prevent the strengthening
or restoring to a safe condition of any wall, floor or roof which
has been declared unsafe by the Construction Official. Destruction
greater than 75%, as determined on the foregoing basis, shall give
rise to a rebuttable presumption of total destruction, and the structure
in question may not be rebuilt, restored or repaired.
No nonconforming use shall, if once changed into a conforming
use, be changed back again into a nonconforming use.
A nonconforming building, structure or sign may be reconstructed
but not enlarged or extended, unless said building is changed to a
building conforming or more nearly conforming to the requirements
of this chapter.
Nothing herein contained shall require any change in the plans,
construction or designated use of a building, structure or sign for
which a building permit has been heretofore issued and the construction
of which shall have been diligently prosecuted within three months
of the date of such permit and the ground-story framework of which,
including the second tier of beams, shall have been completed within
six 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 this chapter.
Whenever the boundaries of a zone shall be changed as to transfer
an area from one zone to another of a different classification, the
foregoing provisions shall also apply to any nonconforming uses existing
therein or created thereby.
