A.
Any lawful nonconforming use which existed on the
date of adoption of this chapter may be continued, and any existing
structure designed, arranged, intended or devoted to a nonconforming
use may be structurally altered subject to the following regulations:
(1)
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 and/or yard regulations, said use may be enlarged,
provided that the height, area or yard regulations are not further
violated. An enlargement shall also include any increase in the volume
of area previously within the nonconforming use. For purposes of this
section, volume shall mean the cubic space occupied by the existing
nonconforming use.
[Amended 5-15-1995 by Ord. No. 1203]
(2)
A nonconforming use changed to a conforming use shall
not thereafter be changed back to a nonconforming use.
(3)
A nonconforming use in existence at the time of the
adoption of this chapter shall not be permitted to be changed to another
nonconforming use.
[Amended 12-4-1995 by Ord. No. 1213]
(4)
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.
B.
For purposes of determining the original conformity
of any building or use, the effective dates of Zoning Ordinances previously
in effect were as follows:
(1)
Ordinance No. 191, approved December 27, 1921, and
amended or supplemented by Ordinance No. 196, approved April 10, 1922;
Ordinance No. 239, approved August 11, 1924; Ordinance No. 370, approved
May 13, 1929; Ordinance No. 413, approved June 27, 1932; Ordinance
No. 422, approved March 20, 1934; Ordinance No. 421, approved August
13, 1934; Ordinance No. 427, approved April 13, 1936; Ordinance No.
481, approved July 27, 1946.
(2)
Ordinance No. 485, approved February 10, 1947, and
amended or supplemented by Ordinance No. 518, approved December 28,
1950; Ordinance No. 527, approved January 14, 1952; Ordinance No.
522, approved January 24, 1955; Ordinance No. 609, approved May 27,
1963; Ordinance No. 618, approved January 25, 1965; Ordinance No.
619, approved February 8, 1965; Ordinance No. 627, approved February
14, 1966; Ordinance No. 634, approved June 27, 1966; Ordinance No.
647, approved March 11, 1968; Ordinance No. 654; approved September
9, 1968; Ordinance No. 669, approved July 14, 1969; Ordinance No.
671, approved September 22, 1969; Ordinance No. 675, approved February
9, 1970; Ordinance No. 686, approved November 23, 1970; Ordinance
No. 689, approved January 25, 1971; Ordinance No. 725, approved September
24, 1973.
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.
Any nonconforming use of structure, existing
at the time of the adoption of this chapter, may be continued upon
the lot or in the building so occupied. and any such structure may
be restored or repaired in the event of the 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 article shall
also apply to structures, land or uses which hereafter became nonconforming
due to any reclassification of zones under this chapter or any subsequent
change in the regulations of this chapter.
Any single-family dwelling existing at the time
of adoption of this chapter which contains less than the minimum required
floor area or which is located on less than the minimum required ground
area or which may violate any yard requirements of this chapter, if
destroyed by fire, explosion, act of God or of the public enemy, may
be rebuilt in the same location with floor area of not less than contained
in the dwelling before damage occurred.
