[Ord. No. Z, eff. 2-7-1974]
Except where specifically provided to the contrary, and subject
to the provisions of this article, the lawful use of any building
or structure or of any land or premises which is existing and lawful
on the effective date of the ordinance from which this chapter is
derived, or, in the case of an amendment of this article, then on
the effective date of such amendment, may be continued although such
use does not conform with the provisions of this article or any amendment
thereto. In addition, except where specifically provided to the contrary
and subject to the provisions of this article, a building or structure
which is existing and lawful on the effective date of the ordinance
from which this chapter is derived, or, in the case of an amendment
of this article, then on the effective date of such amendment, may
be maintained and continued although such building or structure does
not conform with the provisions of this article or any amendment thereto.
[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-14, eff. 4-19-1982]
(a)
Structures, buildings or uses nonconforming by reason of height,
area and/or parking loading space provisions only may be extended,
enlarged, altered, remodeled or modernized provided there is compliance
with all height, area, and/or parking and loading provisions with
respect to such extension, enlargement, alteration, remodeling or
modernization and the Zoning Administrator determines that such alteration,
remodeling, or modernization will not substantially extend the life
of any nonconforming building or structure. Any use of a building
or structure which is nonconforming by reason of parking and loading
provision and which is thereafter made conforming or less nonconforming
by the addition of parking and/or loading space shall not thereafter
be permitted to use such additionally acquired parking and/or loading
space to meet requirements for any extension, enlargement, or change
of use which requires greater areas for parking and/or loading space.
(b)
No nonconforming use of any building or structure or of any land
or premises which is nonconforming for reasons other than height,
area, and/or parking and loading space provisions shall hereafter
be extended or enlarged unless all extensions or enlargements do not
exceed 50% of the area of the original nonconforming use and such
extensions or enlargements are authorized by the Planning Commission
as a special use. In considering such authorization, the Planning
Commission shall consider the following standards:
(1)
Whether the extension or enlargement will substantially extend
the probable duration of such nonconforming use; and
(2)
Whether the extension or enlargement will interfere with the
use of other properties in the surrounding neighborhood for the uses
for which they have been zoned or with the use of such other properties
in compliance with the provisions of this article.
[Ord. No. Z, eff. 2-7-1974; Ord. No. Z-5, eff. 3-2-1978]
All repairs and maintenance work required to keep a nonconforming
building or structure in sound condition may be made but it shall
not be structurally altered to permit the use of such building or
structure beyond its natural life. In the event fire, wind, act of
God or public enemy damages any nonconforming building or structure,
it may be rebuilt and restored to its former condition.
[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-14, eff. 4-19-1982]
The nonconforming use of a building or structure or of any land
or premises shall not be:
[Ord. No. Z, eff. 2-7-1974]
Any building or structure shall be considered existing and lawful and for purposes of Section 38-631, to have been in use for the purpose for which constructed if on the effective date of the ordinance from which this chapter is derived, a building permit has been obtained therefor, if required, or if no building permit is required, a substantial start has been made toward construction and construction is thereafter pursued diligently to conclusion.
[Ord. No. Z, eff. 2-7-1974; Ord.
No. Z-14, eff. 4-19-1982]
A nonconforming use of any building, structure or land shall
not be changed to any other nonconforming use unless authorized by
the Planning Commission as a special use. In considering such authorization,
the Planning Commission shall consider the following standards:
(1)
Whether the proposed use is equally, or more appropriate than the
present nonconforming use to the zoning district in which the building,
structure or land is located. No change to a less appropriate use
may be authorized by the Planning Commission;
(2)
Whether the proposed use will substantially extend the probable duration
of the nonconforming structure, building, or use;
(3)
Whether the proposed use will interfere with the use of adjoining
lands or other properties in the surrounding neighborhood for the
uses for which they have been zoned pursuant to the provisions of
this article; and
(4)
The effect of the proposed use on adjoining lands and the surrounding
neighborhood.
