§ 52-44. Nonconforming uses.

(a)

The lawful use of land existing upon the effective date of the ordinance from which this article is derived, although such use does not conform to the provisions thereof, may be continued, subject to the provisions hereof.

(b)

The lawful use of a building existing upon the effective date of the ordinance from which this article is derived may be continued, although such use does not conform to the provisions hereof. Such use may be extended throughout such portions of the buildings as are arranged or designed for such use, provided no structural alterations, except those required by law or ordinance, are made therein. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification. If such nonconforming building is voluntarily removed, the future use of such premises shall be in conformity with the provisions of this article.

(c)

In the event a nonconforming use of any building or premises is voluntarily discontinued for a period of one year, the use of the same shall conform to the provisions of the district in which it is located.

(d)

A residential dwelling unit having a lesser floor area at the time of the passage of this article than the minimum floor area required for the district in which it is located shall not be construed to be a nonconforming use so long as the dwelling unit is maintained as that existing at the time of the passage of this article.

(e)

A nonconforming use if changed to a conforming use or a more restricted nonconforming use, may not be changed back to a less restricted use than that to which it was changed.

(f)

If by amendment to this article any property is transferred to a more restricted district by a change in the district boundaries, or the regulations and restrictions in any district are made more restrictive or of a higher classification, the provisions of this article relating to the nonconforming use of buildings or premises existing upon the effective date of the ordinance from which this article is derived shall apply to building or premises occupied or used upon the effective date of such amendment.

(g)

Repairs and alterations may be made to a nonconforming building, provided that no structural alternations or extensions shall be made except those required by law or ordinance, unless the building is changed to a conforming use.

(h)

A nonconforming use shall not be extended or rebuilt in case of obsolescence or total destruction by fire or other causes. In the case of partial destruction by fire or other causes not exceeding 50 percent of its value, the building inspector shall issue a permit for reconstruction. If destruction is greater than 50 percent of its value, the board of adjustment may grant a permit for repair or replacement after public hearing and having due regard for the property right of the persons affected when considered in the light of public welfare and the character of the areas surrounding the designated nonconforming use and the purposes of this article.

(Code 1994, § 12.1300)