Any nonconforming use and any nonconforming
building or building devoted to a nonconforming use, and all buildings
and uses that become nonconforming by reason of the provisions of
this chapter and any amendment thereto, may be continued but shall
not be:
A.
Restored for other than a conforming use after damage
for any reason exceeding 50% of its appraised value or its bulk, except
that a residential building which was legally nonconforming prior
to the effective date of this chapter may be fully rebuilt and restored
to its nonconforming use even if a fire or other comparable natural
disaster demolishes more than 50% of such building's value or bulk.
If the restoration of a building whose damage does not exceed 50%
of its appraised value or bulk is not completed within a one-year
period, the nonconforming use of such building shall be deemed to
have been discontinued.
B.
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.
C.
Changed to another nonconforming use without approval
by the Board of Trustees, and then only to a use which, in the opinion
of the Board of Trustees, is of the same or a more restricted nature.
D.
Moved to another location where such use would be
nonconforming.
E.
Enlarged, altered, extended, reconstructed or restored,
except as provided in this section, or placed on a different portion
of the lot or parcel of land occupied by such use on the effective
date of this chapter, nor shall any external evidence of such use
be increased by any means whatsoever.
A.
Upon the filing of an application for any permit (building
permit or otherwise) to rebuild any such structure or any portion
approved both as to value and bulk, the Board of Trustees shall appoint
three appraisers to determine the extent of the damage, and the determination
thereof by the Board of Trustees, based on the report of the three
appraisers, shall be conclusive.
B.
The Board of Trustees shall have the power, without
the appointment of three appraisers, and based on the facts presented
to it, to determine that the premises in question have not been damaged
in excess of 50% of its appraised value or bulk.
C.
In the event that the Board of Trustees determines that an appraisal is required pursuant to Subsection A above, the cost of the same shall be borne by the applicant.
D.
Failure to apply for a building permit within 12 months
from the date upon which the damage occurs or to commence construction
within one year after issuance of such permit and to complete said
construction within a reasonable time thereafter shall be deemed an
abandonment of such nonconforming building or use.
Nothing in this Article shall be deemed to prevent
normal maintenance and repair or structural or nonstructural alterations
of a nonconforming building, provided that such action does not increase
the degree or burden of nonconformity.
