Except as otherwise provided for in this article,
the lawful use of buildings or properties existing at the date of
the adoption of this chapter may be continued. It is the intent of
this article that all nonconforming uses or lots shall not be enlarged
upon, expanded or extended except in conformance with this chapter.
The following provisions shall apply to all nonconforming uses and
lots.
A nonconforming lot shall not be further reduced
in size. In any district in which single-family dwellings are permitted,
a single-family dwelling and customary accessory structures may be
erected on any single lot of record at the effective date of this
chapter. This provision shall apply even though such lot fails to
meet the requirements for area or width, or both, applicable to the
district.
If no structural alterations are made, any nonconforming
use of a structure may be changed to another nonconforming use if
such change is equally appropriate or more appropriate to the district
in which the nonconforming use is located. A special use permit shall
be obtained prior to making such a change.
In any district where a nonconforming use of
land or structure or part or portion thereof has been discontinued
for a period of one year, such nonconforming use shall not thereafter
be reestablished. For the purposes of this section, it is assumed
that a use has been discontinued if:
A. There has been any removal of structures, machinery
or equipment; and/or
B. The use has not been active and continuous.
Any sign in legal existence at the time of the
adoption of this chapter shall be allowed to continue except as follows:
A. These signs shall not be altered or rebuilt unless
in conformance with this chapter.
B. Failure to keep a nonconforming sign in good repair
within one year after notification by the Code Enforcement Officer
shall constitute abandonment.
Whenever the boundaries of a district shall
be changed so as to transfer an area from one district to another
of a different classification, the foregoing provisions shall also
apply to any nonconforming use existing therein or created thereby.
Nothing herein shall require any change in the
plans, construction or designated use of a structure for which a permit
has been duly granted before the adoption of this chapter.
After the effective date of this chapter and
upon the written application of the owner of record of any structure
or parcel of land, the Code Enforcement Officer may issue a certificate
of nonconformity. It shall be the duty of the applicant to provide
sufficient documentation and other proof reasonably required by the
Code Enforcement Officer to demonstrate that the structure or parcel
of land became nonconforming upon the effective date of the law and
solely because of the adoption of this chapter. Said certificate shall
include a full description of the existing use, location of all structures
and property boundaries. Copies of said certificate shall be maintained
by the Code Enforcement Officer.