[Amended 3-3-1981 by Ord. No. 81-5]
Any lawful nonconforming 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.
The nonconforming use of a conforming or a nonconforming structure
shall not be expanded, increased or enlarged. A nonconforming structure
designed, arranged or devoted to a nonconforming use shall not be
structurally enlarged unless the structure is changed to a conforming
structure, and provided that the nonconforming use thereof is neither
expanded, increased or enlarged. A nonconforming structure which complies
with the use requirements of this chapter and is nonconforming because
of height, area or yard regulations may be enlarged, provided that
the height, area or yard regulations are not further violated.
A nonconforming use in existence at the time
of the passage of this chapter shall not be permitted to be changed
to any use other than a conforming use.
In the event that there is a cessation of operation
of any nonconforming use for a period of 12 consecutive calendar months
for any reason other than a national emergency or act of God, the
same shall be deemed to be an abandonment of such nonconforming use.
Any subsequent exercise of such abandoned nonconforming use shall
be deemed a violation of the terms of this chapter.
Nothing in this chapter shall require any change
in plans, construction or designated use of a structure for which
a building permit has been lawfully heretofore issued when construction
has been diligently prosecuted within six months of the date of issuance
of such permit.
A building permit for the reconstruction of
any nonconforming use must be applied for within 12 months from the
time of partial destruction. Nothing in this chapter shall prevent
the restoration of a structure declared unsafe by any governmental
authority.
The forgoing provisions of this article shall
also apply to building structures, land or uses which hereafter become
nonconforming due to any reclassification of zone districts under
this chapter or any subsequent change in the regulations of this chapter.
Nothing in this chapter shall be interpreted
as 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 the effective date of this chapter.
