All lawful uses of land or of a building, sign or other structure existing on the effective date of this chapter may be continued, altered, restored, reconstructed, changed, sold or maintained even though such use may not conform to the use, height, area, yard and other regulations of the district in which it is located, provided such nonconforming conditions shall comply with the following.
A. 
The owner of the premises occupied by a lawful nonconforming use or building existing at the effective date of this chapter shall secure a certificate of nonconformance (see § 120-81 hereof) which shall be for the purpose of ensuring to the owner the right to continue a nonconforming building or use.
B. 
All nonconforming signs, billboards or advertising signboards, including poster panels, bulletins and the like, shall be made to conform to all pertinent regulations or be removed within two years after the effective date of this chapter. During this period they may be continued and maintained.
C. 
Business identification signs, nonconforming business identification signs or existing nonconforming uses may be continued and maintained, provided that such signs shall conform to the general regulations of Article XVII, Signs.
A. 
Where a building permit has been issued 90 or more days prior to the effective date of this chapter and the proposed building or use does not conform to the requirements of this chapter, the proposed building or use shall be considered the same as a lawful building or use and shall be regulated by the requirements of this article.
B. 
Where a building permit has been issued less than 90 days prior to the effective date of this chapter and the proposed building or use does not conform to the requirements of this chapter, the proposed building or use shall be considered the same as a lawful building or use and shall be regulated by the requirements of this article only if at least one of the following conditions has been met prior to the effective date of this chapter:
(1) 
Construction other than excavation has been started.
(2) 
A contract for construction other than excavation has been let.
[Amended 9-8-2015 by Ord. No. 2015-4, approved 9-8-2015]
A nonconforming structure or nonconforming use that has been destroyed or damaged may be rebuilt in a nonconforming fashion only if the application for a building permit is submitted within 18 months after the date of damage or destruction, work begins in earnest within six months afterwards and continues, and no nonconformity may be newly created or increased by any reconstruction. The property shall be properly secured during such time in such a way as to keep out trespassers and to avoid harm to neighboring properties.
A. 
The types of extension and enlargement listed below are permitted for nonconforming uses and buildings existing on the effective date of this chapter:
(1) 
The extension of a nonconforming use of land upon a lot occupied by such use.
(2) 
The extension or enlargement of a conforming building occupied by a nonconforming use.
(3) 
The extension or enlargement of a nonconforming building occupied by a nonconforming use.
(4) 
The extension or enlargement of a nonconforming building occupied by a conforming use.
B. 
The foregoing extensions or enlargements of such nonconforming buildings or uses shall be subject to the following conditions:
(1) 
The extension or enlargement shall conform to the height, area, yard and coverage regulations of the district in which it is located.
(2) 
The entire building or use shall be provided with off-street parking and loading spaces as required by Article XVI, Off-Street Parking.
(3) 
The extension or enlargement does not replace a conforming use.
(4) 
The extension or enlargement of the nonconforming building or use shall not be permitted to extend into vacant parcels of land adjacent to the initial parcel existing and occupied on the effective date of this chapter, where such vacant parcels have been recorded separately or acquired following the effective date of this chapter.
(5) 
A nonconforming use may be changed to another nonconforming use of the same or more restricted classification. Whenever a nonconforming use has been changed to a more restricted classification or to a conforming use, such use shall not thereafter be changed to a use of less restricted classification.
A nonconforming use may be changed to another nonconforming use of the same or more restricted classification. Whenever a nonconforming use has been changed to a more restricted classification or to a conforming use, such use shall not thereafter be changed to a use of less restricted classification.
[Amended 9-8-2015 by Ord. No. 2015-4, approved 9-8-2015]
A nonconforming use of a building or land shall be adjudged as abandoned when there occurs a cessation of any such use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of one year from the date of cessation or discontinuation, except as provided for in the "Damaged or destroyed nonconformities" provisions of § 120-26. Such use shall not thereafter be reinstated and any structure shall not be reoccupied except in conformity with the provisions of this chapter, with the following exception:
A. 
Hereafter, the removal of a nonconforming trailer coach — mobile home from the site it occupied shall constitute abandonment of the space so occupied, and subsequent use of said trailer space shall conform with the provisions of this chapter.