A.Â
A structure
or the use of a structure or premises which was lawful before the
passage or amendment of this Chapter but which is not in conformity
with the provisions of this Chapter may be continued subject to the
following conditions:
1.Â
If such use is discontinued for thirty-six (36) consecutive months,
any future use of the building premises shall conform to this Chapter.
The Utility Department shall notify the Code Enforcement Officer in
writing of instances of non-conforming uses where utility services
have been discontinued for a period of thirty-six (36) months.
2.Â
Uses or adjuncts thereof which are or become nuisances shall not
be entitled to continue as non-conforming uses.
B.Â
If
any non-conforming use or structure is destroyed by any means, including
flood, it shall not be reconstructed if the cost is more than fifty
percent (50%) of the market value of the structure before the damage
occurred unless reconstructed in conformity with the provisions of
this Chapter. This limitation does not include the cost of any alteration
to comply with existing State or local health, sanitary, building
or safety codes or regulations or the cost of any alteration of a
structure listed on the National Register of Historic Places or a
State inventory of historic places.