A.
Structural alteration of a building or structure or the use of a
structure, building, parcel, lot, or tract of land which does not
conform to the provisions of this chapter shall be allowed only if
the building or structure to be altered or the structure, building,
parcel, lot, or tract of land to be used is in conformance with the
requirements of the zoning district in which it is located.
B.
Upon application, the Board of Zoning Appeals may approve the structural
alteration of a building or structure or the extension of use of a
structure, building, parcel, lot or tract of land which is not in
conformance with the provisions of this chapter, provided that:
(1)
The alteration or extension of the structure or use shall be restricted
to a total expansion not to exceed 35% of those existing buildings,
structures, parcels, lots, or tracts of land devoted to the nonconforming
structure or use.
(2)
The alteration or extension shall not be in violation of the setback,
yard and height regulations in the district in which the structure
or use is located.
A.
Structures damaged by fire or other causes to the extent of more than 75% of the market value of the structure shall not be repaired, reconstructed or used for the same nonconforming use without the approval of the Board of Zoning Appeals granted as a special exception pursuant to Article X.
B.
Structures damaged by fire or other causes to the extent of 75% or
less of the market value may be reconstructed, repaired or used for
the same nonconforming use without action by the Board of Zoning Appeals.
C.
Any such reconstruction or repair shall be subject to the following
provisions:
(1)
The reconstructed structure shall not exceed the height, area, or
volume of the damaged structure.
(2)
Reconstruction shall begin within one year from the date of damage
and shall be carried on without interruption.
(3)
The foundation of the reconstructed structure shall not be destroyed
or enlarged unless relocation results in less of a nonconformity or
brings the structure into conformance.
(4)
No provision of this chapter shall prevent the enforcement of orders
to strengthen or restore to a safe condition any structure declared
to be unsafe by an official charged with protecting the public safety.
Whenever a nonconforming use has been discontinued for a period
of one year, such use shall not thereafter be reestablished, and any
future use shall be in conformity with the provisions of this chapter.
A.
Once changed to a conforming use, no structure or land shall be permitted
to revert to a nonconforming use.
B.
The Board of Zoning Appeals may grant, as a special exception pursuant to Article X, permission to change a nonconforming use to another nonconforming use if the applicant shows that the proposed change will be less objectionable in external effects than the existing nonconforming use in regard to:
Upon application by the owner or agent of any nonconforming
use, structure or property, the Zoning Administrator shall issue a
certificate recording the fact of such nonconforming use, structure
or property. Such certificate may be used as evidence in asserting
rights pursuant to this article.