The following regulations shall apply to all nonconforming buildings, structures and uses existing as of November 25, 1958, and to all nonconforming uses in districts established by subsequent ordinances.
[Amended 3-13-67 by Ord. No. 67-8-1]
No nonconforming use of land shall be enlarged or increased, nor shall any such nonconforming use be extended, to occupy a greater area of land than that occupied by such use as of November 25, 1958, nor shall any such nonconforming use be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use of land. If any nonconforming use of land ceases for a period of ninety (90)) days for any reason, any subsequent use of such land shall be in conformity to the regulations specified by this chapter for the district in which such land is located. Nonconforming mining operations of land owned or leased by the operator thereof, as of November 25, 1958, shall be exempt from the provisions of this section, but shall be subject to the provisions of § 228-210BB. The period during which a seasonal use is not in operation shall not be considered a cessation of the use so long as it is operated on a recurrent seasonal basis.
No existing building designed, arranged or intended for or devoted to a use not permitted under regulations specified for the district in which such building is located shall be enlarged, extended, reconstructed, structurally altered or removed unless such use is changed to a use permitted under the regulations specified by this chapter for such district in which the building is located. If any nonconforming use of a building ceases for any reason for a continuous period of one year or more or if the building in which such use is conducted or maintained is moved beyond the limits of its present lot, then any future use of such building or land shall be in conformity to the regulations specified by this chapter for the district in which such building or land is located.
Notwithstanding anything to the contrary hereinabove set forth, nothing in this chapter shall prevent the reconstruction, repairing, rebuilding and continued use of any nonconforming building or structure damaged or destroyed by fire, collapse, explosion or act of God, subsequent to November 25, 1958; provided, however, that there shall be no enlargement of the original structure, and provided further that the work shall be initiated within six (6) months from the occurrence of such damage or destruction and shall be diligently pursued to completion. Nothing in this chapter shall prevent the reconstruction, repairing, rebuilding and continued use of any nonconforming building or structure, rendered necessary by wear and tear or deterioration, provided that the cost of such work shall not exceed fifty percent (50%) of the market value of such building or structure at the time such work is done.