Any lawful nonconforming use which existed at
the time of the passage of this chapter may be continued and any existing
building designed, arranged, intended or devoted to a nonconforming
use may be reconstructed or structurally altered, subject to the following
regulations:
A.
The structural alterations made in such building shall
in no case exceed 20% of the true value of the buildings, nor shall
the building be enlarged, unless the use therein is changed to a conforming
use; provided, however, that where a building meets the use requirements
of this chapter and is nonconforming because of height and area regulations,
structural alterations may be made in such buildings, provided that
the height and area regulations are not further violated.
B.
A nonconforming use changed to a conforming use may
not be changed back to a nonconforming use.
C.
In the event that there is a cessation of operation
of any nonconforming use, structure, land or sign for a period of
12 consecutive calendar months, the same shall be presumed to be an
abandonment of such nonconforming use. Any subsequent exercise of
such abandoned nonconforming use shall be deemed a violation of the
terms of this chapter.
D.
Nothing in this chapter shall require any change in
plans, construction or designated use of a structure for which a building
permit has been heretofore issued when construction has been diligently
prosecuted within six months of the date of such permit.
E.
Nothing in this chapter shall be interpreted as authorization
for or approval of the continuance of the use of a structure or premises
in violation of zoning regulations in effect at the time of the effective
date of this chapter.
F.
No nonconforming use shall be reduced in size. An
owner of two or more contiguous nonconforming lots at the time of
the effective date of this chapter which, when combined, would create
a lot of conforming size shall be required to combine such lots to
create conforming lots.
A.
Any nonconforming building existing at the time of
the passage of this chapter may be restored or repaired in the event
of partial destruction thereof by fire, explosion, act of God or act
of public enemy. However, any building which is substantially destroyed
in the manner aforesaid may be reconstructed and thereafter used only
in such a manner as to conform to all provisions of this chapter or
pursuant to such variances as may be granted by the Board of Adjustment.
When the Zoning Officer has denied a permit for restoration of any
such building pursuant to this chapter, he or she shall forthwith
refer the application to the Board of Adjustment. In determining whether
or not destruction has been partial, the Board of Adjustment shall
be guided by the facts and circumstances of the application being
considered, giving due regard to, but without being limited to, the
following factors.
(1)
The nature of the nonconforming use.
(2)
The nature and number of structures destroyed or damaged.
(3)
The nature and extent of structural damage.
(4)
The extent of the area of damage to the building.
(5)
The nature and extent of repairs necessary to restore
the building.
(6)
The extent to which remaining portions of the building
are usable for reconstruction.
(7)
Such other considerations as may be formulated by
statute and judicial decision.
B.
When setting forth its conclusions under this section,
the Board of Adjustment shall make specific factual findings upon
which its decision is based. Nothing in this section shall prevent
the restoration of a wall declared unsafe by the Building Inspector.
