[Ord. No. 2345 §XIII, 10-16-1979]
A. The
lawful use of a building existing at the time of the adoption of this
Chapter may be continued even though such use does not conform with
the provisions hereof, except that non-conforming use buildings may
be enlarged up to fifty percent (50%) of their building area existing
on the effective date of this Chapter.
B. If
no structural alterations are made, a non-conforming use of a building
may be changed to another non-conforming use of the same or more restricted
classification. The foregoing provisions shall also apply to non-conforming
uses in districts as may be hereafter changed. Whenever a non-conforming
use of a building has been changed to a more restricted use or to
a conforming use, such use shall not thereafter be changed to a less
restricted use.
C. When a building, the use of which does not conform to the provisions of this Chapter, is damaged by fire, explosion, act of God or the public enemy to the extent of more than sixty-five percent (65%) of its fair market value, it may only be restored upon the issuance of a permit by the Board of Adjustment as provided in Section
405.220 of this Chapter.
D. In
the event that a non-conforming use of any building or premises is
discontinued or its normal operation stopped for a period of two (2)
years, the use of the same shall thereafter conform to the use permitted
in the district in which it is located.
E. A non-conforming
use occupying only a portion of a building may be extended throughout
the building if the same has been lawfully acquired and actually devoted
to such use previous to the adoption of this Chapter or to any affecting
amendments thereof.
F. Whenever
the use of a building becomes non-conforming through a change in zoning
requirements or district boundaries, such use may be continued and
if no structural alterations are made, it may be changed to another
non-conforming use of the same or a more restricted classification.
G. Any
mobile home located in a district other than a Mobile Home Park District
from and after the effective date of this Chapter shall be considered
as a non-conforming use of the land under the provisions of this Chapter;
provided, however, that the replacement of a mobile home with an improved
mobile home manufactured no more than ten (10) years prior to application
for replacement by the owner of the existing mobile home under the
provisions of the special use regulations of this Chapter shall not
be considered such a change so as to alter the preexisting non-conforming
use.
[Ord. No. 4351, 5-27-2021]