[Ord. No. 390 §11, 12-11-1968; Ord. No. 446 §10, 1-11-1972; Ord. No. 2001-1200 §1, 7-17-2001]
A. The
lawful use of a lot of record, or of several contiguous lots jointly
constituting the site of such use, and not containing any enclosed
buildings, which do not conform to the use provisions of this Chapter
shall be discontinued within two (2) years from the effective date
of this Chapter. If any non-conforming use is discontinued for a period
of one (1) year or more, any future use of said premises shall be
in conformity with the provisions of this Chapter. After the effective
date of this Chapter, lot or lots or ground area used for parking
shall be paved according to requirements of this Chapter.
B. The
lawful use of a building existing at the time of the passage of this
Chapter may be continued, although such use does not conform to the
provisions thereof, and such use may be extended throughout the building
provided no structural alterations, except those required by law or
ordinance, are made therein. 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. Whenever the 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. In the event that the non-conforming use of a building
is discontinued for a period of one (1) year, the use of same shall
thereafter conform to the regulations of the district in which it
is located.
C. Notwithstanding
any other provision of this Chapter a non-conforming building in use
as a single-family residence within a residential zoning district
and/or residential building in use as a single-family residence located
on a legal non-conforming lot may be enlarged provided the enlargement
conforms to all setbacks, height and other applicable regulations
of this Chapter.
D. The
foregoing provisions shall also apply to non-conforming uses in districts
hereafter changed.
E. Nothing
in this Chapter shall be taken to prevent the restoration of a building
destroyed to the extent of not more than fifty percent (50%) of its
reasonable value, by fire, explosion or other casualty or act of God
or the public enemy, nor the continued occupancy or use of such building
or part thereof which existed at the time of such partial destruction.