[Ord. No. 738 § 17, 1-9-1961; Ord.
No. 2302 § 3, 6-21-2004]
The lawful use of land existing on January 9, 1961, although
such use does not conform to the provisions hereof, may be continued,
but if such nonconforming use is discontinued, any future use of such
premises shall be in conformity with the provisions of this Chapter.
The lawful use of a building existing on January 9, 1961, may
be continued, although such use does not conform with the provisions
hereof and such use may be extended throughout the building; provided,
no structural alteration, except those required by law or ordinance,
are made therein. If no structural alterations are made, a nonconforming
use of a building may be changed to another nonconforming use of the
same or more restricted classification.
A nonconforming use, if changed to a conforming use or more
restricted nonconforming use, may not thereafter be changed back to
a less restricted use than that to which it was changed. If any property
is transferred to a more restricted district by a change in the district
boundaries or regulations and restriction in any district are made
more restrictive or of a higher classification by amendment of this
Chapter, the provisions of this Chapter relating to the nonconforming
use of buildings or premises existing on January 9, 1961, shall apply
to buildings or premises occupied or used at the time of the passage
of such amendment.
A trailer court (sometimes referred to as a mobile home court)
existing on January 9, 1961, in a zone district other than District
"B-T" may continue as a nonconforming use provided, however, that
neither the boundaries of said trailer court or mobile home court
shall be enlarged nor the number of spaces contained therein be increased.
Should all spaces within said trailer court or mobile home court be
vacant for a period longer than one (1) year, the nonconforming use
shall be deemed discontinued. Only a mobile home or manufactured home
built after December 31, 1983, shall after June 21, 2004, be placed
in such a nonconforming trailer court or mobile home court.
[Ord. No. 738 § 17, 1-9-1961; Ord.
No. 777 § 1, 11-13-1962]
Repairs and alterations may be made to a nonconforming building;
provided, that no structural alterations or extensions shall be made,
except those required by law or ordinance, unless the building is
changed to a conforming use; provided further, that where the building
is nonconforming as to situation on the lot only, and does conform
as to use and type of structure, in that the usage made of the building
conforms to the requirements of this Chapter and the structure is
of the type allowed in the district where such building may be situated,
but the building is located nearer to a lot line than the minimum
setback required by this Chapter, an extension may be made to such
building on a side other than that which is nearer to a lot line than
the required setback, so long as such extension, when completed, will
not violate this Chapter as to usage or type of structure allowed
in the district, or as to setback lines on the sides which were conforming
as to setback prior to the extension; provided, further, that the
Board, by special permit in the case of evident hardship, may grant
an extension of a nonconforming use not exceeding twenty-five percent
(25%) of the ground area of the building.
