[Amended 9-11-2014 by Ord. No. 582]
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:
A. That no nonconforming lot shall be further reduced in size.
B. That no nonconforming building shall be enlarged, extended or increased
unless such enlargement would tend to reduce the degree of nonconformance,
except that an existing eating and drinking place may add a covered
patio not exceeding 1,400 square feet that is connected to the nonconforming
building.
C. That no nonconforming use may be expanded.
A nonconforming use shall be adjudged as abandoned
when there occurs a cessation of any 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 three months from the date of cessation
or discontinuance.
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 less than 50% of the recorded true valuation,
then such destruction shall be deemed partial destruction and the
nonconforming building may be rebuilt, restored or repaired within
one year from the date of the destruction. If such a structure is
located within the Floodplain District, the development regulations
cited in § 225-22B shall be utilized to the greatest extent
possible; provided, however, that if such a structure is located within
the floodplain, as that area is defined in § 225-22A(1),
then the requirements of § 225-22B(1)(d), as amended, must
be satisfied, notwithstanding the destruction of less than or more
than 50% of the recorded valuation of the structure. Nothing in this
chapter shall prevent strengthening or restoring to a safe condition
any wall, floor or roof which has been declared unsafe by the Building
Official.
No nonconforming use shall, if once changed
into a conforming use, be changed back again to a nonconforming use.
[Amended 9-11-2014 by Ord. No. 582]
A nonconforming building may be remodeled but not enlarged or
extended, unless said building is changed to a building conforming
or more nearly conforming to the requirements of this chapter, and
further provided that an existing eating and drinking place may add
a covered patio not exceeding 1,400 square feet that is connected
to the nonconforming building. In the Floodplain District, until a
regulatory floodway is designated, no enlargement or extension or
remodeling which would be considered a substantial enlargement shall
be permitted unless the applicant has demonstrated that the cumulative
effect of the proposed development, when combined with all other existing
and anticipated development, will not increase the water surface elevation
of the base flood more than one foot at any point within the community.
Whenever the boundaries of a zone shall be changed
so as to transfer an area from one zone to another of a different
classification, the foregoing provisions shall also apply to any nonconforming
uses existing therein or created thereby.