All lawful uses of land or of a building, sign or other structure
existing on the effective date of this chapter may be continued, altered,
restored, reconstructed, changed, sold or maintained even though such
use may not conform to the use, height, area, yard and other regulations
of the district in which it is located, provided such nonconforming
conditions shall comply with the following.
[Amended 9-8-2015 by Ord.
No. 2015-4, approved 9-8-2015]
A nonconforming structure or nonconforming use that has been
destroyed or damaged may be rebuilt in a nonconforming fashion only
if the application for a building permit is submitted within 18 months
after the date of damage or destruction, work begins in earnest within
six months afterwards and continues, and no nonconformity may be newly
created or increased by any reconstruction. The property shall be
properly secured during such time in such a way as to keep out trespassers
and to avoid harm to neighboring properties.
A nonconforming use may be changed to another nonconforming
use of the same or more restricted classification. Whenever a nonconforming
use has been changed to a more restricted classification or to a conforming
use, such use shall not thereafter be changed to a use of less restricted
classification.
[Amended 9-8-2015 by Ord.
No. 2015-4, approved 9-8-2015]
A nonconforming use of a building or land shall be adjudged as abandoned when there occurs a cessation of any such use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of one year from the date of cessation or discontinuation, except as provided for in the "Damaged or destroyed nonconformities" provisions of §
120-26. Such use shall not thereafter be reinstated and any structure shall not be reoccupied except in conformity with the provisions of this chapter, with the following exception:
A. Hereafter, the removal of a nonconforming trailer coach — mobile
home from the site it occupied shall constitute abandonment of the
space so occupied, and subsequent use of said trailer space shall
conform with the provisions of this chapter.