The lawful use of an existing building or parcel
of land on the effective date of this chapter or authorized by a building
permit issued prior thereto may be continued even though such use
does not conform to the provisions of this chapter. A nonconforming
use shall not be extended or enlarged except as herein provided.
A legal nonconforming use may be extended within
an existing building in which it was the principal occupant, but it
shall not be extended to displace a conforming residential use nor
shall the building or structure housing the nonconforming use be enlarged.
Whenever a nonconforming use has been abandoned
or changed to a higher classification or a conforming use, such shall
not thereafter be changed to a nonconforming use or lower classification.
In any district, whenever a nonconforming use
of land, premises, building or structure, or any part or portion thereof,
has been discontinued for a period of one year, such nonconforming
use shall not thereafter be reestablished, and all future use shall
be in conformity with the provisions of this chapter. Such discontinuance
of the active and continuous operation of such nonconforming use,
or a part or portion thereof, for such period of one year, is hereby
construed and considered to be an abandonment of such nonconforming
use, regardless of any reservation of an intent not to abandon the
same or of an intent to resume active operations. If actual abandonment
in fact is evidenced by the removal of buildings, structures, machinery,
equipment and other evidences of such nonconforming use of the land
and premises, the abandonment shall be construed and considered to
be completed within a period of less than one year, and all rights
to reestablish or continue such nonconforming use shall thereupon
terminate.
Whenever the boundaries of a district shall
be changed so as to transfer an area from one district to another
district of a different classification, or whenever the text of this
chapter shall be changed with respect to uses permitted in a district,
the foregoing provisions shall also apply to any nonconforming buildings
or uses therein.
Notwithstanding any other provisions of this
chapter, any farm operation and any farm structure formerly conducted
or used in any district or hereafter classified as R-A may be reestablished,
renewed or restored.
[Amended 12-12-1983 by L.L. No. 3-1983]
Nothing in this section shall prohibit the restoration
to a safe condition of any building, structure or portion thereof
declared unsafe by the Code Enforcement Officer or his designee.