The following provisions shall apply to all buildings and uses
existing on the effective date of this chapter which buildings and
uses do not conform to the requirements set forth in this chapter;
to all buildings and uses that become nonconforming by reason of any
subsequent amendment of this chapter and the Zoning Map which is a
part thereof; and to all conforming buildings housing nonconforming
uses:
A. Any nonconforming use may be changed to a conforming use. Once changed
to a conforming use, no building or land shall revert to a nonconforming
use. Any nonconforming use, except those nonconforming uses specified
in Subsection E, may be continued indefinitely, but:
(1) Shall not be enlarged, extended, reconstructed, restored [except in accordance with Subsection
B(3) or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever.
(2) Shall not be reestablished if such use has been discontinued for
any reason for a period of one year or more or has been changed to
or replaced by a conforming use. Intent to resume a nonconforming
use shall not confer the right to do so.
B. Except as provided in Subsections
C and
D below, no building which houses a nonconforming use shall be:
(1) Structurally altered or enlarged.
(2) Moved to another location where such use would be nonconforming.
(3) Restored for other than a conforming use after damage from any cause
exceeding 50% of the replacement cost of such building, exclusive
of foundations. Any such building damaged to a lesser extent may be
restored, but not enlarged, and the nonconforming use reinstated within
one year of such damage. If the restoration of such building is not
completed within the said one-year period, the nonconforming use of
such building shall be deemed to have been discontinued, unless such
nonconforming use is carried on without interruption in the undamaged
portion of such building.
C. Normal maintenance, repair, or structural alteration of a building
which does not house a nonconforming use but is nonconforming as to
the district regulations for lot area, lot width, front yard, side
yard, rear yard, maximum height maximum lot coverage or minimum livable
floor area per dwelling, is permitted, provided the same does not
increase the degree of or create any new nonconformity of such regulations
with such building.
D. Nothing in this article shall be deemed to prevent normal maintenance
and repair of any building or the carrying out, upon the issuance
of a building permit, of major structural alterations or demolitions
necessary in the interest of public safety. In granting such a permit,
the Code Enforcement Officer shall state the precise reason why such
alterations are deemed necessary to protect the public safety.