Except as otherwise provided in this section, any lot, use,
building, or structure existing at the time of enactment of this chapter
may be continued subject to the limitations described in this article,
although it is not in conformity with the standards and requirements
specified by this chapter for the district in which it is located
or otherwise applicable.
All nonconforming uses and signs, when discontinued for a period
of one year, are nonconforming structures (except signs), when damaged
or deteriorated to an extent of 50% or more of replacement costs or
damaged or deteriorated to an extent less than 50% and where repair
has not started within six months and repair completed within one
year, shall not be continued, repaired, or reconstructed. Vacating
of or nonoperative status of such uses or structures shall be conclusive
evidence of discontinuation.
A nonconforming structure that is partially damaged or entirely
destroyed by natural or accidental causes not related to demolition
or neglect may be rebuilt and occupied for the same use as before
the damage, provided:
A. The reconstructed structure shall not increase any dimensional nonconformity.
B. The reconstruction shall start within six months from the time of
damage to the structure and be completed within one year from the
time of damage to the structure.
C. The Zoning Officer may extend the time requirements for a single
period not to exceed six months upon the applicant's demonstration
of extraordinary circumstances requiring the delay of either the start
or completion of reconstruction.
If a nonconforming structure becomes physically unsafe due to
neglect, lack of repair or maintenance and is declared by a duly authorized
official to be unsafe or unlawful by reason of physical condition,
it shall not thereafter be restored, repaired or rebuilt except in
conformity with the regulations of the district in which it is located.
Any use that is permitted by variance under the terms of this
chapter shall not be deemed a nonconforming use. Any expansion and/or
alteration of such use will require grant of another variance by the
Zoning Hearing Board.