ARTICLE IV, Nonconforming Buildings and Uses

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ARTICLE IV, Nonconforming Buildings and Uses

§ 250-25. Continuance of nonconforming use.

The lawful use of any building or land existing at the time of the enactment of this chapter may be continued although such use does not conform to the provisions of this chapter.

§ 250-26. Unsafe structures.

Any structure or portion thereof declared unsafe by a proper authority may be restored to a safe condition.

§ 250-27. Alterations.

A nonconforming building may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost fifty percent (50%) of the assessed value of the building unless said building is changed to a conforming use.

§ 250-28. Enlargements and extensions.

No nonconforming use shall hereafter be enlarged or extended, except that, when authorized by the Board of Appeals, a building containing a nonconforming use may be enlarged to an extent not exceeding twenty-five percent (25%) of the gross floor area of the existing building or buildings devoted to a nonconforming use at the effective date of this amended chapter or at the time of its amendment making such use nonconforming. The Board shall not authorize any enlargement which would result in the extension of a nonconforming use beyond the premises devoted to such existing nonconforming use. The foregoing limitations may be waived by the Board insofar as necessary to permit the parking and loading space which would be required for a new principal use of the same size and character as the applicant's nonconforming use.

§ 250-29. Construction approved prior to adoption of chapter.

Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and the construction of which shall have been diligently prosecuted within three (3) months of the date of such permit and the ground-story framework of which, including the second tier of beams, shall have been completed within six (6) months of the date of the permit, and which entire building shall be completed according to such plans as filed within one (1) year from date of this chapter.

§ 250-30. Restorations.

No building damaged by fire or other causes to the extent of more than fifty percent (50%) of its assessed value shall be repaired or rebuilt except in conformity with the regulations of this chapter.

§ 250-31. Abandonment.

Whenever a nonconforming use has been discontinued for a period of one (1) year, such use shall not hereafter be reestablished, and any future use shall be in conformity with the provisions of this chapter.

§ 250-32. Changes in use.

A Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to a use of the same or higher classification, and when so changed to a higher classification, such use thereafter shall not be changed to a lower classification.

B No nonconforming use shall be extended to displace a conforming use.

§ 250-33. Cessation of use.

Notwithstanding any other provisions of this chapter, any automobile wrecking yard or other junkyard or any billboard, nonconforming sign or advertising structure in existence in any residence district at the date of enactment of the ordinance from which this chapter is derived shall, at the expiration of three (3) years from such date, become a prohibited and unlawful use and shall be discontinued.

§ 250-34. District changes.

Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein.