[Ord. No. 388 Art.
XII § 1, 8-7-1980]
A. Where, at the effective date of adoption or amendment
of this Chapter, lawful use of land exists that is made no longer
permissible under the terms of this Chapter as enacted or amended,
such use may be continued so long as it remains otherwise lawful,
subject to the following provisions:
1.
No such non-conforming use shall be enlarged
or increased, nor extended to occupy a greater area of land than was
occupied at the effective date of adoption or amendment of this Chapter;
2.
No such non-conforming use shall be moved in
whole or in part to any other portion of the lot or parcel occupied
by such use at the effective date of adoption or amendment of this
Chapter;
3.
If any such non-conforming use of land is discontinued
for a period greater than one hundred eighty (180) consecutive days
for any reason, any subsequent use of such land shall conform to the
regulations specified by this Chapter for the district in which such
land is located.
4.
A non-conforming use must continue in substantially
the same form.
[Ord. No. 388 Art.
XII § 2, 8-7-1980]
A. Where a lawful structure exists at the effective date
of adoption or amendment of this Chapter that could not be built under
the terms of this Chapter by reason of restrictions on area, lot coverage,
height, yards, or other characteristics of the structure or its location
on the lot, such structure may be continued so long as it remains
otherwise lawful, subject to the following provisions:
1.
No such structure may be enlarged or altered
in a way which increases its non-conformity;
2.
Nothing in this Chapter shall prevent the restoration
of a nonconforming building partly destroyed by fire, explosion, act
of God, or act of the public enemy, or prevent the continuance of
the use of such building or part thereof as such use existed at the
time of such destruction of such building or part thereof, or prevent
a change of such existing use under the limitations provided herein.
3.
Should such structure be moved for any reason
for any distance whatever, it shall thereafter conform to the regulations
for the district in which it is located after it is moved.
4.
When the use of a lot for the location of a
mobile home at the time of passage of this Chapter is discontinued
or abandoned for a period greater than one hundred eighty (180) consecutive
days, no mobile home shall be replaced there, and the lot shall be
used in conformance with the regulations of the district in which
it is located.
5.
When the use of a mobile home occupied at the
time of passage of this Chapter and not located in a designated mobile
home park is discontinued for a period greater than one hundred eighty
(180) consecutive days, the mobile home in question shall be removed
and the lot on which it was located shall be used in conformance with
the regulations of the district in which it is located.
6.
Skirting material that covers any open area under the mobile home and that is firmly fastened to the mobile home is required on any mobile home that replaces a mobile home permissible under the provisions of Section
405.820, Non-Conforming Uses of Land, or Section
405.830, Non-Conforming Structures. Such skirting shall be attached within one hundred eighty (180) consecutive days after the placement of the mobile home.
[Ord. No. 388 Art.
XII § 3, 8-7-1980]
A. If a lawful use of a structure or of structure and
premises in combination exists at the effective date of adoption or
amendment of this Chapter that would not be allowed in the district
under the terms of this Chapter, the lawful use may be continued so
long as it remains otherwise lawful, subject to the following provisions.
1.
No existing structure devoted to a use not permitted
by this Chapter in the district in which it is located shall be enlarged,
extended, constructed, reconstructed, moved, or structurally altered,
except in changing the use of the structure to a use permitted in
the district in which it is located;
2.
Any non-conforming use may be extended throughout
any parts of a building which were manifestly arranged or designed
for such use at the time of adoption or amendment of this Chapter,
but no such use shall be extended to occupy any land outside such
buildings;
3.
If no structural alterations are made, any non-conforming
use of a structure or structure and premises may be changed to another
non-conforming use, provided that the proposed use is equally appropriate
or more appropriate to the district than the existing non-conforming
use and that the proposed non-conforming use is not substantially
different from the existing use. Any proposed changes shall be approved
by a majority of the members of the Board of Aldermen, present and
voting, provided that if any person residing within two hundred fifty
(250) feet of the property upon which such use is situated shall make
his or her written remonstrance, then the approval for the operation
of such a use may be permitted only by a two-thirds (2/3) vote of
the members of the Board present and voting.
4.
When a non-conforming use of a structure or
structure and premises in combination is discontinued or abandoned
for a period greater than one hundred eighty (180) consecutive days,
the structure or structure and premises in combination shall not thereafter
be used except in conformance with the regulations of the district
in which it is located;
5.
Where non-conforming use status applies to a
structure and premises in combination, removal or destruction of the
structure shall eliminate the non-conforming status of the land.
[Ord. No. 388 Art.
XII § 4, 8-7-1980]
A non-conforming use, if changed to a conforming
use or more restricted non-conforming use, may not thereafter be changed
back to a less restricted use than that to which it was changed. If
any property is hereafter transferred to a more restricted district
by change in the district boundaries, or the regulations and restrictions
in any district are made more restrictive or of a higher classification
by amendment to this Chapter, the provisions of this Chapter relating
to the non-conforming use of buildings or premises shall apply to
buildings or premises occupied or used at the time of the passage
of such amendment.
[Ord. No. 388 Art.
XII § 5, 8-7-1980]
A. On any building devoted in whole or part to any non-conforming
use, work may be done on ordinary repairs, or on a repair or replacement
of non-load-bearing walls, fixtures, wiring or plumbing, provided
that the cubic content of the building as it existed at the time of
passage or amendment of this Chapter shall not be increased.
B. Nothing in this Chapter shall be deemed to prevent
the strengthening or restoring to a sale condition of any building
or part thereof declared to be unsafe by any official charged with
protecting the public safety upon order of such official.
[Ord. No. 388 Art.
XII § 6, 8-7-1980]
The provisions of this Chapter shall not prevent
the sale or transfer of any non-conforming land or building. Any non-conforming
uses shall be permissible to be continued by the new owner or lessee
according to the provisions of this Chapter.