(A) Continuance. Any lawful nonconforming use of land, structures or buildings existing at the time of the effective date of this chapter may be continued except as herein prohibited or restricted, provided that the building, structure or use thereof shall not be structurally enlarged, altered or changed in use, unless the alteration, enlargement or use shall conform to the provisions of this chapter for the district in which it is located, except as elsewhere provided. No nonconforming use if changed to a conforming use permitted in the district in which it is located shall be resumed or changed back to a nonconforming use.
(1) There may be a change of tenancy, ownership or management of any existing nonconforming uses of land and/or structure. Failure to continue to use any land, building or structure, or part thereof, which is a nonconforming use under this chapter, for a period of 1 year shall be held to be conclusive proof of an intention to legally abandon any rights to maintain or reestablish the nonconforming use.
(2) Persons who have enlisted or have been called into the U.S. government service during periods of national emergency may discontinue the nonconforming use of any land, building or structure for a period greater than 1 year during such emergencies. The persons shall reestablish the nonconforming use within 6 months of the end of the national emergency.
(B) Nonconforming lots. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory building may be erected on any single lot of record at the effective date of adoption or amendment of this chapter. This provision shall apply even though the lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which the lot is located. Variance yard requirements shall be obtained through approval of the Zoning Board of Appeals.
(C) Destruction of structures. Nothing in this chapter shall prevent the restoration, repairing or rebuilding of any nonconforming building or structure damaged by fire, explosion, act of God, or any act of the public enemy, subsequent to the effective date of this chapter, or shall prevent the continuance of the use of the building or part thereof, provided that the restoration and resumption shall take place within 1 year of the time of the damage or destruction. Should the structure be destroyed by any means to an extent of more than 75% of its replacement costs, exclusive of the foundation, it shall be reconstructed only in conformity with the provisions of this chapter.
(D) Maintenance of structures. Nothing in this chapter shall prevent the repair, reinforcement or maintenance of a nonconforming building, structure or part thereof, existing at the effective date of this chapter, rendered necessary by wear and tear, deterioration or depreciation, provided the cost of the work shall not exceed 30% of the reproduction value of the building or structure in any period of 12 consecutive months.
(Ord. § 3.10, passed 5-22-1997)