[Ord. No. 80-22 Art VI § 1, 12-2-1980]
A.
A non-conforming building or structure existing at the time of adoption
of this Ordinance may be continued and maintained except as otherwise
provided in this Section.
B.
Alteration or Enlargement of Buildings and Structures. A non-conforming building or structure shall not be added to or
enlarged in any manner unless said building or structure, including
additions and enlargements, is made to conform to all of the regulations
of the district in which it is located; provided however, that if
a building or structure is conforming as to use, but non-conforming
as to yards or height or off-street parking space, said building or
structure may be enlarged or added to provided that the enlargement
or addition complies with the yard and height and off-street parking
requirements of the district in which said building or structure is
located. No non-conforming building or structure shall be moved in
whole or in part to another location on the lot unless every portion
of said building or structure is made to conform to all of the regulations
of the district in which it is located.
C.
Restoration of Damaged Building. A non-conforming
building or structure which is damaged or partially destroyed by fire,
flood, wind, earthquake, or other calamity or act of God or the public
enemy, to the extent that not more than seventy-five percent (75%)
of its value, exclusive of foundations, may be restored and the occupancy
of use of such building, structure or part thereof, which existed
at the time of such partial destruction, may be continued or resumed,
provided that such restoration is started within a period of one (1)
year and is diligently prosecuted to completion. In the event such
damage or destruction exceeds seventy-five percent (75%) of the value,
exclusive of foundation of such non-conforming building or structure,
no repairs or reconstruction shall be made unless every portion of
such building or structure is made to conform to all regulations for
new buildings in the district in which it is located; provided, however,
that any building or structure that is non-conforming due to off-street
parking requirements, and is conforming in every other respect, may
be restored regardless of the extent of damage.
D.
Outdoor Advertising Signs and Structures. Any advertising
sign, billboard, commercial advertising structure or statuary, which
is lawfully existing and maintained at the time this Ordinance became
effective, which does not conform with the provisions hereof shall
not be structurally altered and all such non-conforming advertising
signs, billboards, commercial advertising structures and statuary,
and their supporting members shall be completely removed from the
premises not later than five (5) years from the effective date of
this Ordinance.
E.
Building Vacancy. A non-conforming building, structure,
or portion thereof, which is or hereafter becomes vacant and remains
unoccupied for a continuous period of one (1) year shall not thereafter
by occupied except by a use which conforms to the use regulations
of the district in which it is located.
F.
Change in use. A non-conforming use of a conforming
building or structure (i.e., commercial use in a dwelling, etc.) shall
not be expanded or extended into any other portion of such non-conforming
building or structure nor changed except to a conforming use. If such
a non-conforming use of a portion thereof is discontinued or changed
to conforming use, any future use of such building, structure, or
portion thereof shall be in conformity with the regulations of the
district in which such building or structure is located. A vacant
or partially vacant non-conforming building or structure may be occupied
by a use for which the building or structure was designed or intended
if occupied within a period of one (1) year after the effective date
of this Ordinance.
The use of a non-conforming building or structure may be changed
to a use of the same or a more restricted district classification;
but where the use of a non-conforming building or structure is changed
to a use of a more restricted district classification it thereafter
shall not be changed to a use of a less restricted district classification.
[Ord. No. 80-22 Art VI § 2, 12-2-1980; Ord. No. 2005-31 § 1, 8-9-2005; Ord.
No. 2007-41 § 1, 11-13-2007]
A.
A non-conforming use of land, where the aggregate value of all permanent
buildings or structures is less than one thousand dollars ($1000.00),
existing at the time of adoption of this Ordinance, may be continued
for a period of not more than three (3) years therefrom, however:
1.
Said non-conforming use may not be extended or expanded.
2.
If said non-conforming use or any portion thereof is discontinued
for a period of one (1) month, or changed, any future use of such
land, or change in use, shall be in conformity with the provisions
of the district in which said land is located.
B.
Non-conforming uses of land, where the use consists of a mobile home,
existing at the time of adoption of this Section, not located in a
mobile home park.
1.
Said non-conforming use may not be extended or expanded.
2.
If said non-conforming use of land has been discontinued, unoccupied or removed for a period of sixty (60) days, such non-conforming land use shall not be re-established and must conform to the regulations of that zoning district. All non-conforming land uses shall be regulated by Chapter 6 "Building and Building Regulations" and the Sections relating to abatement of nuisances.
[1]
Editor's Note: Former Section 29-63, Variances, was repealed
2-22-2022 by Ord. No. 2022-08. Prior history includes: Ord. No. 2008-16.
