Any lawful building or use of premises existing at the time
of enactment of this chapter, or any subsequent amendment thereof
applying to such building or use of premises, may be continued, although
such building or use of premises does not conform to the provisions
thereof provided that there is no increase or enlargement of the area
or space occupied by or devoted to such nonconforming use and except
as otherwise provided in this article.
Except as provided in §
360-45, if, for a continuous period of 12 months, either the nonconforming use of land with minor improvements is discontinued or the active operation of substantially all of the nonconforming uses in any building or other structure is discontinued, such land or building or other structure shall thereafter be used only for a conforming use. Intent to resume such nonconforming use shall not prevent such use's termination.
A nonconforming use is hereby required to be maintained in such
condition as will not constitute a danger to the safety, health or
general welfare of the public. Alterations and extensions of the nonconforming
use, in order to comply with the provisions of this section, are permitted,
provided that such alteration or extension shall not tend to increase
the inherent nuisance nor shall such alteration or extension violate
any provisions of this chapter regarding yards, lot area or lot coverage
for the district in which it is situated or increase any existing
violation of such provision.
Nonconforming uses or structures in all zone districts shall
conform to the following requirements:
A. Enlargement and extension. Any structure or use of land which is
nonconforming because of use shall not be enlarged or extended in
any manner whatsoever.
B. Alterations. Structural alterations may be made in a building which
is nonconforming because it fails to comply with use, height, area,
yard, off-street parking or other like requirements of this chapter,
so long as the structural alteration does not extend, enlarge or aggravate
the nonconformance.
C. Re-conversion. A nonconforming use changed or altered to a conforming
use may not thereafter be changed back to a nonconforming use, but
nothing hereinbefore stated shall prevent the strengthening or restoring
to a safe and lawful condition of any part of any building declared
unsafe by the Building Inspector or other city, county or state inspector.
D. Existing permits. Nothing in this chapter shall require any change
in plans, construction or designated use of a structure or building
for which a building permit has been heretofore validly issued if
construction has been started and diligently pursued at the time of
the adoption, revision or amendment of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E. Previous violations. Nothing in this chapter shall be construed as
authorization for an approval of the continuance of the use of a building,
structure or premises in violation of any zoning ordinances, rules
or regulations in effect immediately preceding the time of the effective
date of this chapter.
F. Enlargement. Any nonconforming structure that is nonconforming because
it fails to comply with height, area, yard, off-street parking or
other like requirements of this chapter shall not be changed or altered
to enlarge the nonconformance.