Any use which is made nonconforming by any use
regulation, lot size, open space, height or building size regulations
of this chapter or by any subsequent amendments may be continued except
as hereinafter provided.
Any proposed change to a use deemed nonconforming
by this chapter, or any proposed change to a previously approved use
variance, shall not be permitted unless said change is to a permitted
use or as otherwise provided in this chapter.
A.
Nothing herein shall be deemed to prevent normal maintenance
of a building or other structure containing a nonconforming use, including
nonstructural repairs and incidental alterations which do not enlarge,
increase or intensify the nonconforming use.
B.
Such nonconforming building, other structure or use
of land may be repaired or altered, provided that any such repair
or alteration complies with the regulations of this chapter.
C.
No structural alterations shall be made to a building
or structure containing a nonconforming use except when:
Such nonconforming building or structure (not
including signs) which has been damaged or destroyed by any means
to the extent of 80% or more of its full value, as determined by the
City Assessor, or which has been condemned by the Building Inspector
and ordered to be demolished shall not be rebuilt or repaired except
in conformance with the regulations of this chapter. In the case of
a permitted restoration of a nonconforming use, neither the floor
area nor the cubical content shall be increased from the original
nonconforming building or other structure. Full value shall be determined
by dividing the latest assessment of such improvement by the latest
state equalization rate, expressed as a percentage.
In any district, whenever a nonconforming use
of land, building or structure (not including signs) or any part or
portion thereof has been discontinued for a period of one year, such
nonconforming use shall not thereafter be reestablished and all future
use shall be in conformity with the provisions of this chapter. Such
discontinuance of the active and continuous operation of such nonconforming
use or a part or portion thereof for such period of one year is hereby
construed and considered to be an abandonment of such nonconforming
use, regardless of any reservation of an intent not to abandon the
same or of an intent to resume active operations. If actual abandonment,
in fact, is evidenced by the removal of buildings, other structures,
machinery, equipment or other evidences of such nonconforming use
of the premises, the abandonment shall be construed and considered
to be completed upon such abandonment, and all rights to reestablish
or continue such nonconforming use shall thereupon terminate.
In any district, nonconforming buildings or
structures (not including signs) with an assessed value under $1,500
may be continued for a period of three years after adoption of this
chapter, provided that after the expiration of such period, any such
nonconforming use shall become an unlawful use and shall be terminated.
It shall be the duty of the Building Inspector
to prepare and maintain a list of nonconforming uses of lands and
buildings. Such record shall contain the names and addresses of the
owners of such nonconforming use, any occupant other than the owner,
a legal description of the land and the nature and extent of the use.
The Inspector shall also note in this record the date at which the
presence of the nonconforming use was first officially recognized.
