A.
A nonconforming use of a structure, a nonconforming
use of land or a nonconforming use of a structure and land shall not
be extended or enlarged after passage of this chapter by attachment
on a building or premises of additional signs intended to be seen
from off the premises or by the addition of other uses of a nature
which would be prohibited generally in the zone involved.
B.
To avoid undue hardship, nothing in this chapter shall
be deemed to require a change in the plans, construction or designated
use of any building on which actual construction was lawfully begun
prior to the effective date of adoption or amendment of this chapter
and upon which actual building construction has been diligently carried
on.
Upon the adoption or amendment of this chapter,
if a lawful use of land exists that is made no longer permissible
under the terms of this chapter as enacted or amended, such use may
be continued as long as it remains otherwise lawful, subject to the
following provisions:
A.
No such nonconforming use shall be enlarged or increased
nor extended to occupy a greater area of land than was occupied at
the effective date of adoption.
B.
No such nonconforming use shall be moved in whole
or in part to any other portion of the lot or parcel occupied by such
use at the effective date of adoption of this chapter.
C.
If any such nonconforming use of land ceases for any
reason for a period more than 10 years, any subsequent use of such
land shall conform to the regulations specified by this chapter for
the zone in which subject land is located.
[Amended 3-19-1979 by Ord. No. 2-1979]
Where a lawful structure exists at the effective
date of adoption of this chapter that could not be built under the
terms of this chapter by reason of restrictions on area, lot coverage,
height, years or other characteristics of the structure or its location
on the lot, such structure may be continued as long as it remains
otherwise lawful, subject to the following provisions:
A.
No such structure may be enlarged or altered in a
way which increases its nonconformity.
B.
Should such structure be partially destroyed by any means, said structure can be restored or repaired, provided that there is compliance with the provisions of § 255-65 of this chapter.
[Amended 4-20-1981 by Ord. No. 2-1981; 7-6-1992 by Ord. No.
11-1992]
C.
Should such structure be moved for any reason for
any distance whatever, it shall thereafter conform to the regulations
for the zone in which it is located after it is moved.
A.
On any building devoted in whole or in part to any
nonconforming use, work may be done in any period of 12 consecutive
months on ordinary repairs, or on repair or replacement of nonbearing
walls, fixtures, wiring or plumbing, provided that the cubic content
of the building as it existed at the time of passage or amendment
of this chapter shall not be increased.
B.
Nothing in this chapter shall be deemed to prevent
the strengthening or restoring to a safe condition of any building
or part thereof declared to be unsafe by any official charged with
protecting the public safety, upon order of such official.
