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.