The lawful use of a building or land existing
at the time of adoption of this chapter, or authorized by a building
permit issued prior thereto, may be continued in the form evident
at the time of adoption of this chapter although such use does not
conform to the provisions of this chapter.
If a nonconforming use of land or a building
ceases, is discontinued, is vacated or is nonoperative for a continuous
period of one year or more, subsequent use thereof shall be in conformity
with the provisions of this chapter.
If a nonconforming structure or building, or
portions thereof, containing a nonconforming use becomes physically
unsafe or unlawful due to lack of repairs or maintenance, and is declared
by any duly authorized official to be unsafe or unlawful by reason
of physical condition, such structure or building shall not thereafter
be restored, repaired, or rebuilt except in conformity with the regulations
of the zoning district in which it is located.
Any lawful nonconforming use of land exclusive
of buildings and structures and the use contained therein, may be
extended upon the lot upon which it exists at the time of the effective
date of this chapter, but such extension shall conform to area and
lot regulations and to the design standards of this chapter. The extension
of a nonconforming use on a lot shall be limited to the lot which
was in existence on the effective date of this chapter.
Any lawful nonconforming building or other structure
which has been involuntarily damaged or destroyed by fire, explosion,
windstorm, or other similar active cause, may be reconstructed in
the same location, provided that:
A. The reconstructed building or structure shall not
exceed the height, area, or volume of the damaged or destroyed building
or structure and such reconstructed building or structure shall not
infringe upon the required setback distance to a greater extent than
did the former building or structure.
B. Reconstruction shall begin within one year from the
date of damage or destruction and shall be carried on without interruption.
A nonconforming use, if changed to a conforming
use, shall not thereafter be changed back to any nonconforming use.
A nonconforming use may, by special exception, be changed to another
nonconforming use provided that the Zoning Hearing Board shall find
that the proposed use is equally appropriate or more appropriate in
the district than the existing nonconforming use.