[Ord. #255; Ord. #592; 1972 Code § 89-55]
Within the district established by this Chapter, or amendments
that may later be adopted, there exist lots, structures, and uses
of land and structures which were lawful before this Chapter was passed
or amended, but which would be prohibited, regulated, or restricted
under the terms of this Chapter or future amendment. It is the intent
of this Chapter to permit these non-conformities to continue until
they are removed, but not to encourage their survival. Such uses are
declared by this Chapter to be incompatible with permitted uses in
the districts involved. It is further the intent of this Chapter that
non-conformities shall not be enlarged upon, expanded or extended,
nor be used as grounds for adding other structures or uses prohibited
elsewhere in the same district, unless to make such use or structure
conform to minimum safe building standards.
[Ord. #255; Ord. #592; 1972 Code § 89-56]
A non-conforming use of a structure, a non-conforming use of
land, or a non-conforming use of a structure and land, shall not be
extended or enlarged after passage of this Chapter by the attachment
on a building or premises of additional signs intended to be seen
from off the premises, or by the addition of other uses of a nature
which would be prohibited generally in the district involved.
[Ord. #255; Ord. #592; 1972 Code § 89-57]
To avoid undue hardship, nothing in this Chapter shall be deemed
to require a change in the plans, construction or designated use of
any building on which actual construction was lawfully begun prior
to the effective date of adoption or amendment of this Chapter and
upon which actual building construction has been diligently carried
on. Actual construction is hereby defined to include the placing of
construction materials in permanent position and fastened in a permanent
manner according to architectural and engineering design, except that
where demolition or removal of an existing building has been substantially
begun preparatory to rebuilding, such demolition or removal shall
be deemed to be actual construction, provided that work shall be diligently
carried on until completion of the building involved.
[Ord. #255; Ord. #592; 1972 Code § 89-58]
Structures that are non-conforming according to this Chapter
may be continued so long as they remain otherwise lawful. Non-conforming
structures and their use, shall not be enlarged, expanded or altered
except to become more in conformity with this Chapter. Any replacement
of a non-conforming structure or use shall conform to this Chapter.
Any non-conforming use or structure existing at the time of the passage
of this chapter may be continued upon the lot or in the structure
so occupied and any such structure may be restored or repaired in
the event of partial destruction thereof. Change from one non-conforming
use or another shall not be allowed, except by approval of the Board
of Adjustment.
[Ord. #255; Ord. #592; 1972 Code § 89-59]
No non-conforming use shall, if once changed into a conforming
use, be changed back into a non-conforming use.
[Ord. #255; Ord. #592; 1972 Code § 89-60]
On any building devoted in whole or in part to any non-conforming
use, repairs and maintenance may be made. Nothing in this Chapter
shall prevent the strengthening or restoring to a safe condition,
any wall, floor or roof which has been declared unsafe by the Building
Inspector.
