Where, at the effective date of adoption or
amendment of this chapter, lawful use of land exists that is made
no longer permissible under the terms of this chapter, as enacted
or amended, such use may be continued, so long as it remains otherwise
lawful, subject to the following provisions:
A. No such nonconforming use shall be enlarged or increased,
nor shall the lot be extended at the effective date of adoption or
amendment of this chapter.
B. No such nonconforming use shall be moved in whole
or in part to any other portion of the lot or parcel occupied by such
use at the effective date of adoption or amendment of this chapter.
C. If any such nonconforming use of land ceases for any
reason for a period of more than 90 days, any subsequent use of such
land shall be a conforming use, meeting the regulations specified
by this chapter for the zone in which such land is located.
Where a lawful structure exists at the effective
date of adoption or amendment of this chapter that could not be built
under the terms of this chapter by reason of restrictions on area,
lot coverage, height, yards or other characteristics of the structure
or its location on the lot, such structure shall be continued so long
as it remains otherwise lawful, subject to the following provisions:
A. No such structure shall be enlarged or altered in
a way which increases its nonconformity.
B. If the structure is destroyed by any means to an extent
of more than 50% of its replacement cost at time of destruction, as
determined by the Planning and Zoning Commission, it shall not be
reconstructed except in conforming use, meeting regulations specified
by this chapter for the zone in which such structure is located.
C. If the structure is moved for any reason for any distance
whatever, it shall thereafter conform to the regulations for the zone
in which it is located after it is moved.
If a lawful use of a structure or of a structure
and premises in combination exists at the effective date of adoption
or amendment of this chapter that would not be allowed in the zone
under the terms of this chapter, the lawful use may be continued so
long as it remains otherwise lawful, subject to the following provisions:
A. No structure of nonconforming use, except dwellings,
shall be enlarged, extended, constructed, reconstructed, moved or
structurally altered except in changing the structure to a conforming
use.
B. Any nonconforming use may be extended throughout any
part of a building which was manifestly arranged or designed for use
at the time of adoption or amendment of this chapter, but no such
use shall be extended to occupy any land outside such building.
C. If no structural alterations are made, any nonconforming
use of a structure or a structure and premises may be changed to another
nonconforming use, provided that the Board of Zoning Appeals, either
by general rule or by making findings in the specific case, shall
find that the proposed use is equally appropriate or more appropriate
to the zone than the existing nonconforming use. In permitting such
change, the Board of Zoning Appeals may require appropriate conditions
and safeguards in accord with the provisions of this chapter.
D. Any structure or combined structure-and-land in nonconforming
use replaced by a conforming use shall not thereafter revert to a
nonconforming use. The new conforming use shall meet all district
requirements.
E. In any residential district, when a nonconforming
use of a structure or premises, or both, is discontinued or abandoned
for six consecutive months or for 18 months during any three-year
period, the nonconforming use shall not be resumed.
F. Where a structure and premises are in nonconforming
use, voluntary removal or a destruction of the structure shall eliminate
the nonconforming status of the land. Further use of the land shall
conform to district regulations.
G. Nothing in these regulations shall prevent the restoration
of a nonconforming building or structure destroyed by fire, windstorm,
flood and explosion or act of public enemy or accident or prevent
the continuance of the use thereof as it existed at the time of such
destruction, provided that a zoning certificate is obtained and restoration
begun within one year of such destruction.
Any use for which a special exception is permitted
as provided in this chapter shall not be deemed a nonconforming use
but shall, without further action, be deemed a conforming use in such
zone.
All nonconforming uses shall be registered with
the Commission within 12 months from the effective date of this chapter.