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.
Such building shall in no case be enlarged, unless
the use therein is changed to a conforming use.
B.
A nonconforming use shall not be extended at the expense
of a conforming use.
C.
A nonconforming use changed to a conforming use may
not thereafter be changed back to a nonconforming use.
D.
A nonconforming use shall not be permitted to be changed
to another nonconforming use.
E.
In the event that there is a cessation of operation
of any nonconforming use 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, except such shall
not apply to a nonconforming use because of height, yard and area
violations.
A.
Nothing in this chapter shall prevent the restoration
of a nonconforming building partially destroyed by fire, explosion,
act of God or act of public enemy, provided that any building partially
destroyed in the manner aforesaid may be reconstructed and thereafter
used only in such a manner as to not further violate the reasons for
nonconformity. Any building totally destroyed in the manner aforesaid
may only be rebuilt as a conforming use.
B.
The owner of any nonconforming use that is partially
destroyed as above mentioned must apply for a building permit to rebuild
the nonconforming use within 12 months from the time of destruction.
If the application to rebuild the nonconforming use is filed after
the above mentioned twelve-month period, a building permit shall only
be issued for a conforming use.
Nothing in this chapter shall require any change
in plans, construction or designated use of a building for which a
building permit has been heretofore issued and construction diligently
prosecuted.
Nothing in this chapter shall be interpreted
as authorization for or approval of the continuation 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.
The foregoing provisions of this article shall
also apply to buildings, structures, land or uses which hereafter
become nonconforming due to any reclassification of zone districts
under this chapter or any subsequent change in the regulations of
this chapter.
