A use, building or structure lawfully in existence
at the effective date of this chapter which shall be made nonconforming
at the passage of this chapter or any applicable amendment thereto
may be continued except as otherwise provided in this Article.
No existing building or premises devoted to
a nonconforming use shall be enlarged, extended, reconstructed, substituted
or structurally altered except when changed to a conforming use or
when required to do so by law and as follows:
A. Restoration. Any nonconforming structure damaged may
be restored, reconstructed or used as before, provided that the floor
area of such use, building or structure shall not exceed the floor
area which existed prior to such damage. All repairs shall be completed
within one year after damages occur or such use shall not be rebuilt
except as a conforming use.
B. Displacement. A nonconforming use shall not be extended
to displace a conforming use.
C. Change of use.
(1) A nonconforming use or structure shall not be changed
into a use which is permitted in a less restrictive district.
(2) A nonconforming use may be changed into a conforming
use.
(3) A nonconforming use which is not permitted in any
district or which is permitted only as a special use may only be changed
into a conforming use.
D. Repairs. Normal maintenance repair and incidental
alteration of a structure containing a nonconforming use is permitted,
provided that it does not extend the area or volume of space occupied
by the nonconforming use. A building or other structure containing
residential nonconforming uses may be altered in any way to improve
interior livability. No structural alterations shall be made which
would increase the number of dwelling units.
E. Prior approval. Nothing herein contained shall require
any change in the plans, construction or designated use of a building
complying with existing laws, a permit for which shall have been obtained
before the date of adoption of this chapter or any applicable amendment
thereto, and the ground-story framework of which, including the second
tier of beams, shall have been completed within six months of the
date of the permit, and the entire building shall have been completed
according to such plans as have been filed within one year of the
date of adoption of this chapter or any applicable amendment thereto.
The discontinuance of a nonconforming use for
a period of one year and/or the change of use to a more restricted
or conforming use for any period of time shall be considered an abandonment
thereof, and such nonconforming use shall not thereafter be revived.
Intent to resume active operations shall not affect the foregoing.