A.
Intent.
(1)
Within the districts established by this chapter, or amendments that may be subsequently adopted, there exist lots, structures, uses of land and structures and characteristics of use which were lawful before this chapter was adopted or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendment. It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged, expanded or extended or be used as grounds for adding other structures or uses prohibited elsewhere in the same district, except to the extent allowable by applicable law.
(2)
Nonconforming uses are declared to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure and land in combination shall not be extended or enlarged by attachment on a building or premises or by the addition of other uses of a nature which would be prohibited generally in the district involved.
B. NONCONFORMING USE
Definition. As used in this article, the following term shall have the meaning indicated:
A building, structure or use of land existing at the time of adoption of this chapter or any amendment thereto, and which does not conform to the regulations of the district in which it is situated.
C.
Continuation of use. The lawful use of any building or land existing at the time of the enactment of this chapter or any amendments thereto may be continued although such use does not conform with the provisions of this chapter to the extent permitted by applicable law.
D.
Discontinuance. Except for residential uses, when a nonconforming use has been discontinued for a continuous period of six months, except when government action impedes access to the premises, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter.
E.
Restorations, exclusive of residential structures. No nonconforming building damaged by fire or other causes to the extent of more than 25% of its current replacement cost, as determined by the Code Enforcement Officer, shall be repaired or rebuilt, except in conformity with this chapter.
F.
Alterations. For all but one-family residential uses, a nonconforming building may not be altered during its life to an extent exceeding in aggregate cost 25% of the current replacement value for the building as determined by the Code Enforcement Officer, unless said building is changed to a conforming use. No such alterations shall increase the inherent nonconformity nor violate any provisions of this chapter regarding yards, lot area or lot coverage for the district in which it is situated, or increase any existing violation of such provisions, and in no event shall the resulting structure be greater in cubic area than the prior existing structure.
G.
Unsafe structures. If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any 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. However, the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official, shall be allowed.