[Ord. No. 649 §1, 3-4-2002]
A. Continuance. Except as otherwise required by law, a structure
or use legally established prior to the adoption date of this Code
may be maintained unchanged. In other than criminal proceedings, the
owner, occupant or user shall have the burden to show us that the
structure, lot or use was lawfully established.
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 of a more
restricted classification. Whenever a non-conforming use 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. 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 of a more restricted classification.
[Ord. No. 649 §1, 3-4-2002]
A. Vacancy. Any lot or structure or portion thereof occupied
by a non-conforming use which is or hereafter becomes vacant and remains
unoccupied by a non-conforming use for a period of twelve (12) months
shall not thereafter be occupied, except by a use that conforms to
this Code.
B. Damage. Any building or structure containing a non-conforming
use which is damaged by fire, flood, wind or other act of God or man
to the extent of fifty percent (50%) or more of its fair sales value
immediately prior to damage shall not be repaired or reconstructed
except in conformity with the provisions of this Title. In the event
that the Code Official's estimate of the extent of damage of fair
sales value is not acceptable to the applicant for the building permit
to repair or reconstruct such building or structure, the applicant
may appeal to the Board of Adjustment.
[Ord. No. 649 §1, 3-4-2002]
A. Maintenance And Repair. Maintenance, repairs and structural
alterations shall be permitted to be made to non-conforming structures
or to a building housing a non-conforming use with valid permits.
B. Changes In Non-Conforming Use. A change of use of a non-conforming
use of a structure or parcel of land shall not be made except to that
of a conforming use. Where such change is made, the use shall not
thereafter be changed back to a non-conforming use.
C. Additions. All additions to non-conforming structures shall
conform to the requirements of this Code. Additions to structures
housing non-conforming uses that increase the area of a non-conforming
use shall not be made.