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 of land or buildings does
not conform to the regulations specified by this chapter for the zone
in which such land or building is located; provided, however:
A. That a nonconforming lot shall not be further reduced in size.
B. That a nonconforming building shall not be enlarged, extended or
increased unless such enlargement would tend to reduce the degree
of nonconformance.
A nonconforming use shall be presumed to have been 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 12 months from the date of cessation or
discontinuance. In any civil or quasi-criminal action for the enforcement
of this chapter, such cessation of use or activity shall be prima
facie proof of abandonment.
No nonconforming building or building housing a nonconforming
use damaged by fire or other causes to the extent of more than 50%
of its assessed valuation shall be repaired or rebuilt except by approval
of the Zoning Board of Adjustment. Nothing in this chapter shall prevent
the strengthening or restoring to a safe condition of any wall, roof
or floor which has been declared unsafe by the Construction Official.
No nonconforming use shall, if once changed into a conforming
use, be changed back again to a nonconforming use.
A nonconforming building may not be reconstructed or structurally
altered during its life unless said building is changed to a conforming
use.
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, has been completed according to such plans as
filed within one year from the date of this chapter. If such conditions
are not met, any building permit shall be held to be in violation
of this chapter, subject to the penalties therein.
Whenever the boundaries of a district shall be changed so as
to transfer an area from one district to another of a different classification,
the foregoing provisions shall also apply to any nonconforming building
or use existing therein or created thereby.