A use, building or structure, lawfully in existence at the effective date of this chapter, which shall be made nonconforming at the passage of this chapter or any applicable amendment thereto, may be continued, except as otherwise provided in this Article. Any nonconforming use, building, structure or lot may change ownership and continue to function as the same nonconforming use, building, structure or lot, provided that all other conditions of this Article are met. Land on which a nonconforming use or structure is located shall not be reduced in size, nor shall any lot already nonconforming be made more nonconforming in any manner.

[Amended 6-21-89 by Ord. No. P-58]

No existing nonconforming building or premises devoted to a nonconforming use shall be enlarged, extended, reconstructed, substituted or structurally altered, except when changed to a conforming building or use, or when required to do so by law, except as follows:

A. Restoration and reconstruction. Any nonconforming use or structure damaged by fire, casualty or act of God may be repaired and used as before, provided that the floor area of such use, building or structure shall not exceed the floor area or building volume which existed prior to such damage. All repairs shall be completed within one (1) year after damages occur or such use or structure shall not be restored, except as a conforming use or structure. In the event that damage is determined to have destroyed more than seventy-five percent (75%) of a building's true value, the provisions of § 196-52 shall apply.

(1) In the event that the owner and Building Inspector are unable to agree on the extent of damage, a determination will be made by a group of three (3) people consisting of the Building Inspector, the owner or a professional architect or engineer acting as a representative and an independent professional engineer or architect.

(2) The fee of the independent engineer or architect shall be agreed to and paid in equal portions by the city and the owner of the building in question.

B. Repairs.

(1) Normal maintenance repair and incidental alteration of a structure containing a nonconforming use are permitted. provided that they do not extend the area of volume of space occupied by the nonconforming use.

(2) A building or other structure containing residential nonconforming uses may be altered in any way to improve interior livability. No alterations may be made which would increase the number of dwelling units.

When a nonconforming use or structure is destroyed or damaged beyond repair, or when the owner or tenant of said use or structure desires to rebuild for any reason, the Board of Adjustment, after review and recommendation by the Planning Board, may authorize such rebuilding, if the rebuilding would not constitute an enlargement of the use and if the rebuilding would provide better aesthetics, higher setbacks or assist in alleviating characteristics, such as noise, glare, odor or traffic generation which interferes with the health, safety and welfare of the area.

A. Abandonment. A nonconforming use shall be considered abandoned and may not be revived if:

(1) It is terminated by the owner.

(2) The nonconforming use of a structure, or a structure and land in combination, is discontinued for twelve (12) consecutive months.

(3) The nonconforming use of a parcel of land ceases for six (6) months.

B. Conversion to permitted use. Any nonconforming use or structure which has been changed to a conforming status shall not be revived as a nonconforming use.

C. Subsequent use. If a nonconforming use has been abandoned or converted to a permitted use, the subsequent uses shall only be those permitted in that zoning district.