Except as hereinafter provided, no building or premises shall
be used except in conformity with the provisions of this chapter which
apply to the district in which it is located. However, the following
provisions shall apply to all buildings and uses of land or buildings
existing on the effective date of this chapter, which buildings and
uses of land or buildings do not conform to the requirements set forth
in this chapter; to all buildings and uses of land or buildings that
become nonconforming by reason of any subsequent amendment to this
chapter and the Zoning Map which is a part thereof; and to all conforming
buildings housing nonconforming uses.
A. Except as provided in Subsection
E hereinafter, any type of nonconforming use of buildings or land may be continued indefinitely, but:
(1) Shall not be enlarged or structurally altered, extended or placed
on a different portion of the lot or parcel of land occupied by such
use on the effective date of this chapter or any applicable amendment
thereof, nor shall any external evidence of such use be increased
by any means whatsoever, except whereby, through such alteration,
it is changed to a conforming use.
(2) Shall not be changed to another nonconforming use without a variance
from the Board of Adjustment.
B. Except as provided in Subsection
D hereinafter, no building which houses a nonconforming use shall be:
(1) Structurally altered or enlarged;
(2) Moved to another location where such use continues to be nonconforming;
or
(3) Changed back to a nonconforming use if once changed to a use permitted
in the district in which it is located.
C. Any building which houses a nonconforming use and which is damaged
or destroyed by less than 50% of its cubical content or sound value
exclusive of the foundation, from any cause, may be restored but not
enlarged, and the nonconforming use reinstated within six months of
such damage; if the restoration of such building is not completed
within the said six-month period, the physical operation of the nonconforming
use of such building shall be deemed to have ceased, unless such nonconforming
use shall have been carried on without interruption in the undamaged
portion of such building.
D. Any building housing a conforming use which does not conform to other
than use regulations as set forth in this chapter may be rebuilt if
damaged, but shall not be altered or enlarged so as to increase the
degree of nonconformity thereof.
E. Nothing in this article shall be deemed to prevent normal maintenance
and repair of any building or the carrying out, upon issuance of a
building permit, of major structural alterations or demolitions necessary
in the interest of public safety. In granting such a permit, the Building
Official shall state the precise reason(s) to the Board of Adjustment
why such alterations were deemed necessary.
F. To avoid undue hardship, nothing in this chapter shall be deemed
to require a change in the plans, construction or designated use of
any building on which actual construction was lawfully begun prior
to the effective date of adoption or amendment of this chapter and
upon which actual building construction has been carried on diligently.
"Actual construction" is hereby defined to include placing of construction
materials in permanent position and fastened in a permanent manner.
Where excavation or demolition or removal of an existing building
has been substantially begun preparatory to rebuilding, such excavation
or demolition or removal shall be deemed to be actual construction,
provided that work shall be carried on diligently.
G. All the foregoing provisions relating to nonconforming uses and buildings
shall apply to all nonconforming uses and buildings existing at the
time of the adoption of this chapter and to all uses and buildings
that become nonconforming by reason of any amendment thereof, but
not to any use established or building erected in violation of law,
regardless of the time of establishment or erection.
H. Existing nonconforming conditions, including but not limited to inadequate
lot size or yards and excess coverage, may be continued, but the degree
of nonconformity may not be increased without the securing of a variance.
No building may be constructed on a lot less than the minimum size
for its district, even if preexisting, without the securing of a variance.