The following provisions shall apply to all
buildings and uses existing on March 13, 1969, 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 to all conforming buildings
housing nonconforming uses.
Any nonconforming use may be continued indefinitely,
but shall not be:
A. Enlarged, extended, reconstructed or placed on a different
portion of the lot occupied by such use on March 13, 1969, nor shall
any external evidence of such use, such as traffic, noise, vibration,
smoke, dust, odors, heat or glare, be increased by any means whatsoever.
B. Changed to another nonconforming use without a special
permit from the Board of Adjustment and then only to a use which,
in the opinion of the Board, is of the same of a more restricted nature,
all with approval of the Mayor and Council.
C. 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 §
150-34 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 the building,
exclusive of foundations. Any 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 the building
is not completed within a one-year period, the nonconforming use of
such building shall be deemed to have been discontinued.
[Amended 9-8-1988 by Ord. No. 15-88]
Normal maintenance and repair, structural alteration
in and moving, demolition and reconstruction or enlargement of a building
which does not house a nonconforming use but is nonconforming as to
the zone regulations for lot area, lot width, front yard, side yard,
rear yard, maximum height, maximum lot coverage or minimum livable
floor area per dwelling are permitted if the same do not increase
the degree of or create any new nonconformity with such regulations
in the building.
[Amended 5-8-1986 by Ord. No. 8-86]
Nothing in this article shall be deemed to prevent
normal maintenance and repair of any building nor 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 Construction Code Official shall state the precise
reason why such alterations were deemed necessary.