Except as otherwise provided in this article,
the lawful use of land or buildings existing at the date of the adoption
of this chapter may be continued although such use or building does
not conform to the regulations specified by this chapter for the zone
in which such land or building is located; provided, however, that:
A. No nonconforming lot shall be further reduced in size.
B. No nonconforming building shall be enlarged, extended
or increased, unless such enlargement would tend to reduce the degree
of nonconformance.
C. No nonconforming use may be expanded.
A nonconforming use shall be adjudged abandoned
when there occurs a cessation of any such use or activity by an apparent
act or failure to act on the part of the tenant or owner to reinstate
such use within a period of one year from the date of cessation or
discontinuance. Such use shall not thereafter be reinstated and the
structure shall not be reoccupied, except in conformance with this
chapter.
Nothing herein contained shall require any change
in plans, construction or designated use of a building for which a
building permit has been heretofore issued and the construction of
which shall have been diligently prosecuted within three months of
the date of such permit 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 which entire building shall be completed
according to plans as filed within one year from the date of this
chapter.
No nonconforming use shall, if once changed
into a conforming use, be changed back to a nonconforming use.
A nonconforming building may be altered, but
not enlarged or extended, during its life to an extent not exceeding
in aggregate 50% of the recorded true value as appraised in the records
of the Tax Assessor of the building, unless said building is changed
to a building conforming to the requirements of this chapter.
[Amended 9-16-1968 by Ord. No. 68-13]
If any nonconforming building shall be destroyed
by reason of windstorm, fire, explosion or other act of God or the
public enemy to an extent of more than 75% of the recorded true value,
as appraised in the records of the Tax Assessor, then such destruction
shall be deemed complete destruction, and the structure may not be
rebuilt, restored or repaired except in conformity with the regulations
of this chapter. Nothing in this chapter shall prevent the strengthening
or restoring to a safe condition of any wall, floor or roof which
has been declared unsafe by the Zoning Inspector.
Whenever the boundaries of a district shall
be changed so as to transfer an area from one district to another
district of a different classification, the foregoing provisions shall
also apply to any nonconforming uses existing therein or created thereby.