Except as otherwise provided in this article, the lawful use
of land or buildings existing on the effective date 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 building is located; provided, however, that:
A.
No nonconforming lot shall be further reduced or increased in size.
B.
No nonconforming building shall be enlarged, extended or increased
unless such enlargement would tend to reduce the degree of nonconformance.
C.
No nonconforming use may be expanded.
D.
A use not conforming to any previous zoning ordinance without permit
and also not conforming to this chapter shall not be continued by
this section.
In the event that there is a cessation of operation of any nonconforming
use for a period of 12 consecutive calendar months, the same shall
be presumed to be an abandonment of such nonconforming use. Such use
shall not thereafter be reinstated, and the structures shall not be
reoccupied except in conformance with this chapter.
Nothing herein contained shall require any change in plans,
construction or designated use of a building 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 plans as filed within one year from the date of this
chapter.
No nonconforming use which has been changed to a conforming
use may be changed back to a nonconforming use.
A nonconforming building may be altered, but not enlarged or
extended, to an extent not exceeding in aggregate 50% of the recorded
true value of the building as appraised in the records of the Tax
Assessor, unless said building is changed to a building conforming
to the requirements of this chapter.
If any nonconforming building shall be destroyed by reason of
windstorm, fire, explosion or other act of God or the public enemy
to an extent of more than 50% of the recorded true value as appraised
in the records of the Tax Assessor, then such destruction shall be
deemed complete destruction, and the structure may not be rebuilt,
restored or repaired except in conformity with this chapter. Nothing
in this chapter shall prevent the straightening or restoring to a
safe condition of any wall, floor or roof which has been declared
unsafe.
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 also apply to any nonconforming
uses existing therein or created thereby.
