Any nonconforming use, building or structure which existed lawfully
at the time of enactment of this chapter may be continued subject
to the regulations which follow in this article.
The nonconforming use of land shall not be enlarged or extended
beyond the area of land occupied by such use at the time of the adoption
of this chapter. A nonconforming use of land may not be moved in whole
or in part to any other portion of the lot or parcel of land occupied
by such nonconforming use at the time of adoption of this chapter.
A nonconforming use of land shall not be changed to another nonconforming
use. If a nonconforming use of land is discontinued for a period of
12 consecutive months, it shall not be renewed, and any subsequent
use of the land shall conform to the regulations of the district in
which the land is located.
A building occupied by a use which does not conform to the use regulations enumerated in Article IV shall not be added to or enlarged in any manner unless the use thereof is made to conform to all the regulations of the district in which it is located. A building occupied by a conforming use but not conforming to other regulations of the chapter may be added to or enlarged if the proposed addition or enlargement does not increase the degree of nonconformity.
No structural alterations shall be made to any building occupied
by a nonconforming use unless such alterations are required by law:
provided, however, that such maintenance and repairs as are required
to keep said building or structure in sound condition shall be permitted.
Alterations and repairs intended and designed to decrease or eliminate
nonconformance to the provisions of this chapter shall be permitted.
A nonconforming use of a building may not be changed except
to a conforming use or to a use that decreases or eliminates nonconformance
to the provisions of this chapter. When so changed, such nonconforming
use or any use which increases nonconformance with the provisions
of this chapter may not be resumed thereafter.
A nonconforming use of a building or structure or any portion
thereof which is discontinued for a period of 12 consecutive months
shall not be reestablished, and any subsequent use shall conform to
the use regulations of the district in which the premises is located.
A use shall be deemed to have been discontinued under any of the following
conditions:
A nonconforming use may not be extended to any other part of
such building.
A building devoted to a nonconforming use destroyed or damaged
by fire, wind, explosion, structural failure or other natural cause
to the extent less than 75% of its true value at the time of such
damage, as adjusted from assessed value, based upon State Board of
Equalization rates, may be replaced, provided that application for
a building permit is made within three months subsequent to the date
of such damage or destruction, and further provided that such restoration
shall be diligently carried out and completed within a time specified
by the Common Council. A building devoted to a nonconforming use destroyed
or damaged by fire, wind, explosion, structural failure or other natural
cause to an extent greater than 75% of its true value at the time
of such damage, as adjusted from assessed value, based upon State
Board of Equalization rates, shall not be rebuilt except in conformity
with the regulations of the district in which such use is located.
If any building in which any nonconforming use is conducted
is hereafter removed, the subsequent use of the land on which such
building was located and the subsequent use of any building erected
thereon shall conform with the regulations of the district.
Any building for which a permit has been lawfully granted and
on which the construction has been stated and diligently prosecuted
before the effective date of this chapter may be competed.
