The following provisions shall apply to all
buildings and uses existing on the effective date of this chapter,
which buildings and uses do not conform to the requirements set forth
in this chapter, to all buildings and uses that become nonconforming
by reason of any subsequent amendment to this chapter and the Zoning
Map which is a part thereof, and to all conforming buildings housing
nonconforming uses.
Any lawful nonconforming use may be continued
indefinitely, but it shall not:
A. Be enlarged, extended, reconstructed or placed on
a different portion of the lot or parcel of land occupied by such
uses on the effective date of this chapter, nor shall any external
evidence of such use be increased by any means whatsoever.
B. Be changed to another nonconforming use.
C. Be reestablished if such use has been discontinued
for any reason for a period of one year or more or has been changed
to, or replaced by, a conforming use. Intent to resume a nonconforming
use shall not confer the right to do so.
Except as provided in §
163-43 below, no building which houses a nonconforming use shall be:
A. Structurally altered or enlarged.
B. Moved to another location where such use would be
nonconforming.
C. Restored for other than a conforming use after damage
from any cause exceeding 50% of the replacement cost of such building,
exclusive of foundations. Any such building damaged to a lesser extent
may be restored, but not enlarged, and the nonconforming use reinstated
within one year of such damage. If the restoration of such building
is not completed within said one-year period, the nonconforming use
of such building shall be deemed to have been discontinued, unless
such nonconforming use is carried on without interruption in the undamaged
portion of such building.
Normal maintenance and repair of, structural
alteration in and the moving, reconstruction or enlargement of a building
which does not house a nonconforming use, but is nonconforming as
to the district regulations for lot area, lot width, front yard, side
yard, rear yard, maximum height, maximum lot coverage or minimum livable
floor area per dwelling, is permitted if the same does not increase
the degree of or create any new nonconformity with such regulations
in such building.
Nothing in this article shall be deemed to prevent
normal maintenance and repair of any building or the carrying out,
upon the issuance of a building permit, of major structural alterations
or demolitions necessary in the interest of public safety. In granting
such a permit, the Building Inspector shall state the precise reason
why such alterations were deemed necessary.
In any residence district, any sign not of a
type permitted, or of a permitted type but greater than two times
the maximum permitted size, may be continued for one year following
the effective date of this chapter or the effective date of any amendment
which makes a sign nonconforming, provided that after the expiration
of that period, such nonconforming use shall be terminated.