Any lawful nonconforming use which existed at
the time of adoption of this chapter may be continued and any existing
structures designed, arranged, intended or devoted to a nonconforming
use may be structurally altered subject to the following regulations:
A.
A nonconforming use shall not be enlarged unless the
use is changed to a conforming use; provided, however, that where
a building meets the use requirements of this chapter and is nonconforming
because of height, area, frontage or yard regulations, said use may
be enlarged, provided that the height, area, frontage or yard regulations
are not further violated.
B.
A nonconforming use changed to a conforming use shall
not thereafter be changed back to a nonconforming use.
C.
A nonconforming use in existence at the time of adoption
of this chapter shall not be permitted to be changed to another nonconforming
use.
In the event that there is a cessation of operation
of any nonconforming use for a period of 12 consecutive calendar months,
the same shall be prima facie evidence of an abandonment of the use.
Any subsequent exercise of such abandoned nonconforming use shall
be deemed a violation of the terms of this chapter.
Any nonconforming building which has been destroyed
or damaged by fire, explosion, act of God or by a public enemy to
the extent of 70% or more of its assessed valuation shall thereafter
conform to the provisions of this chapter. Where more than 30% of
the assessed value of the building remains after such damage, such
structure may be restored to the same nonconforming use as existed
before such damage.
[Added 8-14-2008 by Ord. No. 1444-08]
Any existing principal structure on a residential lot which
is nonconforming as to one or more bulk standards of the Zoning Ordinance
may be expanded, enlarged or altered, provided that any existing nonconformity
is not further violated and that no new nonconforming conditions are
created.
Nothing in this chapter shall require any change
in plans, construction or designated use of a structure for which
a building permit has been issued when construction has been diligently
prosecuted within six months following the date of such permit, and
completed within the term of such permit.
Any nonconforming use or structure existing
at the time of adoption of this chapter may be continued upon the
lot or in the building so occupied and any structure may be restored
or repaired in the event of partial destruction thereof.
Nothing in this chapter shall be interpreted
as implied authorization for or approval of the continuance of the
use of a structure or premises in violation of zoning regulations
in effect at the time of adoption of this chapter.
The foregoing provisions of this section shall
also apply to structures, land or uses which hereafter become nonconforming
due to any reclassification of zones under this chapter or any subsequent
change in the regulations of this chapter.
Land, buildings and appurtenances thereto shall
be held as nonconforming and subject to all provisions regarding nonconforming
use upon completion of actions authorized by a variance of exception
to the zoning regulations or the meeting of conditions required.
