Any legal use of property existing at the time of the adoption of this article that does not conform with the regulations prescribed in this article shall be deemed a nonconforming use.
(Ordinance 2017-001 adopted 2/20/17)
Because of changes in values and standards over time, many buildings built and parcels of land divided prior to the adoption of these regulations may not be in compliance with the requirements established in this ordinance for yard, lot, area, parking, or similar requirements other than use of property. Therefore, it is hereby found, determined, and declared that any buildings or parcels of land that were constructed, divided or otherwise established legally and in compliance with the codes, ordinances, and regulations in effect at the time of their construction or division shall be considered to be in compliance with these regulations. This section shall not be construed to allow changes in buildings or parcels of land following the date of adoption of this ordinance that are not in compliance with the terms and conditions of this ordinance or that would increase, extend, or worsen a nonconformity to make it less in compliance with this ordinance. This section also shall not be construed to cause uses of property which are not in conformance with the terms of this ordinance to become in conformance, regardless of their conformity with the regulations in effect prior to this ordinance or at the time the use was established.
(Ordinance 2017-001 adopted 2/20/17)
The lawful use of the building at the time of the adoption of this article may be continued although such does not conform to the provisions hereof, and such use may be extended throughout the building provided no structural changes except those permitted by law or ordinance are made therein. If no structural alterations are made, a nonconforming use of the building may be changed to another nonconforming use of the same or more restricted classification; provided; however, that in the event a nonconforming use of a building is once changed to a nonconforming use of a higher or more restricted classification, it shall not later be reverted to the former lower or less restricted classification.
(Ordinance 2017-001 adopted 2/20/17)
The right of nonconforming uses to continue shall be subject to such regulations as to maintenance of the premises and conditions of operation as may, in the judgment of the Board of Adjustment, be reasonably required for the protection of adjacent property.
(Ordinance 2017-001 adopted 2/20/17)
A nonconforming use shall not be extended or rebuilt in case of obsolescence or total destruction by fire or other cause. In case of partial destruction by fire or other causes, not exceeding fifty percent (50%) of its value, the building inspector shall issue a permit for reconstruction. If greater than fifty percent (50%) and less than the total, the Board of Adjustment, hereinafter created, may grant a permit for repair after public hearing and having due regard for the property rights of the persons affected when considered in the right of the public whether [sic] and the character of the area surrounding the designated nonconforming use and of the conservation and preservation of property.
(Ordinance 2017-001 adopted 2/20/17)
By adoption of this ordinance, no presently illegal use or structure shall be deemed to have been legalized unless such use or structure falls within a district where the actual use and structure conform to the provisions of this ordinance except as provided for in Section 6.03. Otherwise, such uses shall remain nonconforming uses where recognized, or an illegal use, as the case may be.
(Ordinance 2017-001 adopted 2/20/17)