Except as otherwise provided in this article,
the lawful use of land or structures existing at the date of the adoption
of this chapter may be continued although such use or structure does
not conform to the regulations specified by this chapter for the zone
in which such land or structure is located; provided, however, that:
A. No nonconforming structure shall be enlarged, extended
or increased unless by such action it complies with this chapter.
B. No nonconforming use shall be expanded.
C. No nonconforming lot shall be further reduced in size.
A nonconforming use shall be deemed abandoned
when there occurs such overt act as evidences an intent by the owner
or the tenant to cease such prior use or activity. In any event, where
an owner or tenant ceases such prior use or activity and fails to
reinstate the same within a period of one year from the date of cessation
or discontinuance, the same shall be conclusive evidence that there
has in fact been an abandonment. In either of the aforesaid events,
such use shall not thereafter be reinstated, and the structure shall
not be reoccupied except in conformance with this chapter.
If any nonconforming structure is destroyed
by reason of windstorm, fire, explosion or other act of God or the
public enemy to an extent of more than 50%, said structure shall not
be rebuilt, restored or repaired or restored except in conformity
with this chapter.
No nonconforming use or structure shall, if
once changed into a conforming use or structure, be changed back again
into a nonconforming use or structure.
A nonconforming building may be altered or improved, provided that the alteration or improvement does not amount to a substantial increase of a nonconforming use, but if such alterations or improvements involve any increase in lands so used or in the cubic content of the building so used, the permit for the alteration or improvement shall be issued only upon variance granted in accordance with law; provided, however, that accessory uses and additions may be constructed on nonconforming lots in conjunction with an existing residential use if the proposed accessory use or addition complies with the setback and yard requirements set forth in §
335-93.