[Ord. 8-14-1995, § 2301]
The owner of the nonconforming use or structure shall, upon
adoption of this chapter or amendment thereof, register the nonconforming
use or structure with the Zoning Officer on forms available for this
purpose. The adoption of this chapter shall not invalidate any previously
registered nonconforming uses or structures.
[Ord. 8-14-1995, § 2302]
The lawful use of a building or structure or the lawful use
of any land as existing and lawful at the time of the enactment of
this chapter, or in the case of an amendment to this chapter then
at the time of such amendment, may be continued except as hereinafter
provided, although such use does not conform to the provisions of
this chapter or subsequent amendments.
[Ord. 8-14-1995, § 2304]
Once changed to a conforming use, no structure or land shall
be permitted to revert to a nonconforming use. A nonconforming use
may be changed to another nonconforming use only under all of the
following conditions:
a. Such change shall be permitted only as a special exception by the
Zoning Hearing Board.
b. The applicant shall show that a nonconforming use cannot reasonably
be changed to a permitted use.
c. The applicant shall show that the proposed change will be less objectionable
in external effects than the existing nonconforming use, with respect
to:
1. Traffic generation and congestion including truck, passenger car
and pedestrian traffic.
2. Noise, smoke, dust, fumes, vapors, gases, heat, odor, glare or vibration.
3. Storage and waste disposal.
[Ord. 8-14-1995, § 2305]
If a nonconforming use of a building or land is abandoned for
a continuous period of one year, subsequent use of such building or
land shall be in conformity with the provisions of this chapter. For
the purpose of this chapter, abandonment shall commence when the nonconformity
use ceases.
[Ord. 8-14-1995, § 2306]
When a lot is sold to a new owner, a previously lawful nonconforming use may be continued by the new owner. A change in conformity is governed by §
27-2304.
[Ord. 2007-04-01, 4/26/2007]
A nonconforming building or any building containing a nonconforming
use wholly or partially destroyed by fire, explosion, flood or other
phenomenon or legally condemned may be reconstructed and used for
the same nonconforming use, provided that reconstruction of the building
shall be commenced within one year from the date the building was
destroyed or condemned and shall be carried on without interruption.