[Ord. No. 646, §2]
A nonconforming land use or structure is one which existed lawfully
on the date this chapter or any amendment thereto became effective,
and which fails to conform to one or more of the applicable regulations
of this chapter or such amendment thereto, except minimum lot area,
yard and setback requirements.
A nonconformity shall not be deemed to have existed on the date
this chapter or any amendment thereto became effective, unless:
(a)
It was in being on a continuous basis and to its fullest extent on
such date.
(b)
If such nonconformity is a use, such use had not been abandoned as
hereinafter defined.
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Provided, that nothing in this section shall be deemed to require
a change in the plans, construction or designated use of any structure
on which actual construction was lawfully begun in good faith prior
to such date, if such construction is diligently prosecuted to completion
within two years following such date. Actual construction is hereby
defined to include the placing of construction materials so that they
are in a permanent position and fastened to the earth in a permanent
manner.
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[Ord. No. 646, §2]
The nonconforming use of open land for storage purposes and
advertising signs and bulletin boards shall be discontinued within
two years of their becoming nonconforming.
[Ord. No. 646, §2]
An existing nonconforming land use or structure shall not cause
further departures from this chapter. Although an existing nonconformity
may be continued except as herein limited, it may not be changed to
another use except a use permitted in the district in which it is
situated, provided it complies with the requirements of that district.
[Ord. No. 646 §2]
A nonconforming use shall not be enlarged, extended or altered
and a structure or part thereof devoted to a nonconforming use shall
not be enlarged, extended, constructed, reconstructed or structurally
altered, except:
[Ord. No. 646 §2]
The restoration of any structure and its use, when such structure
has been damaged by fire, explosion, act of God or the public enemy
to an extent less than sixty percent of its replacement value at the
time of destruction, may be permitted, provided the restoration of
such structure and its use in no way increases any former nonconformity;
and provided, further, that restoration of such structure is begun
within six months of such damage an diligently prosecuted to completion
within two years following such damage. Where damage to the structure
is more than sixty percent of the replacement value at the time of
damage, the structure shall not be restored except in full conformity
with all the regulations of the district in which such structure is
situated. However, none of the restrictions contained in this section
shall limit the authority of the board of adjustment to grant relief
for reconstruction of a nonconforming use if it finds some compelling
public necessity requiring the continuance of the nonconforming use
and the primary purpose of continuing the nonconforming use is not
to continue a monopoly.
[Ord. No. 646 §2]
In the event that a nonconforming use of any building or premises
is discontinued for a period of two years, the use shall be deemed
abandoned. Thereafter, the use of such building or premises shall
conform to the uses permitted in the district in which it is located.
