[Ord. No. 186 §1-52, 9-14-1992]
In a residential or commercial district where open land is being
used as a non-conforming use and such use is the principal use and
not accessory to the main use conducted in a building, such use shall
be discontinued not later than one (1) year from the date of passage
of this Chapter. During the one (1) year period, such non-conforming
use shall not be extended or enlarged, either on the same or adjoining
property. Any building incident and subordinate to such use of land,
such as a shed, tool house, storage building, office or trailer, shall
be removed at the end of the one (1) year period or, if such building
is so constructed as to permit the issuance of a permit for a use
not excluded from the district, such building may remain as a conforming
use; thereafter, both land and building shall be used only as conforming
uses. Such non-conforming uses of open land shall specifically include
billboards, posterboards, automobile wrecking yards, scrap iron and
junk storage, trailers, camps or parks, auction yards, contractors'
yards, golf driving ranges and miniature golf courses to conform in
a period of one (1) year. Operations in respect to junk yards, auto
salvage and auto wrecking yards shall be carried on within a building
completely enclosed with walls and roof or within a yard completely
enclosed on all sides, except on a side or portion of a side abutting
a building, by a wall or cyclone type fence at least ten (10) feet
high. The Planning Commission may modify the above requirements where
a railroad track adjoins or enters the property. There shall be only
one (1) opening in the wall or fence facing any public street or alley
for each three hundred (300) feet of length. The opening shall not
exceed twenty-four (24) feet in width and shall be provided with a
gate or door ten (10) feet in height and solidly enclosed which must
be kept closed except for access of vehicles. A buffer shall be provided
of thirty (30) feet on all sides of the property which shall be fully
landscaped and screened. Inside and outside storage rentals shall
conform within a one (1) year period.
[Ord. No. 186 §1-53, 9-14-1992]
Except as otherwise provided herein, the lawful use of a building
existing at the effective date of this Chapter may be continued although
such use does not conform to the provisions hereof. 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 with the approval of the Planning Commission. 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. The non-conforming use of a building may be hereafter
extended throughout those parts of a building which were lawfully
and manifestly arranged or designed for such use at the time of the
enactment of this Chapter.
[Ord. No. 186 §1-54, 9-14-1992]
No building or portion thereof used in whole or in part for
a non-conforming use in a residential district which remains idle
or unused for a continuous period of six (6) months, whether or not
the equipment or fixtures are removed, shall again be used except
in conformity with the regulations of the district in which such building
or land is located.
[Ord. No. 186 §1-55, 9-14-1992]
No building which has been damaged by any cause whatsoever to
the extent of more than fifty percent (50%) of the fair market value
of the building, immediately prior to damage, shall be restored except
in conformity with the regulations of this Chapter and all rights
as a non-conforming use are terminated. If a building is damaged by
less than fifty percent (50%) of the fair market value, it may be
repaired or reconstructed and used as before the time of damage, provided
that such repairs or reconstruction be substantially completed within
twelve (12) months of the date of such damage.
[Ord. No. 186 §1-56, 9-14-1992]
The casual, intermittent, temporary or illegal use of land or
buildings shall not be sufficient to establish the existence of a
non-conforming use and the existence of a non-conforming use on the
part of a lot or tract shall not be construed to establish a non-conforming
use on the entire lot or tract.
[Ord. No. 186 §1-57, 9-14-1992]
Whether a non-conforming use exists shall be a question of fact
and shall be decided by the Board of Aldermen after public notice
and hearing and in accordance with the rules of the Board.
[Ord. No. 186 §1-58, 9-14-1992]
A non-conforming use in violation of a provision of the ordinance
which this Chapter amends or repeals shall not be validated by the
adoption of this Chapter.
