[Amended 10-28-1963; 2-12-1979 by Ord. No. 0.79-3]
The following regulations shall control nonconforming
uses:
A.
A use or structure lawfully in existence at the effective
date of this chapter which is thereby made nonconforming or a lawful
prior nonconforming use or structure may be continued as provided
for in this chapter.
B.
No nonconforming use or structure shall be enlarged,
extended, reconstructed, substituted or structurally altered except
when such changes are in conformity with this chapter or when required
to do so by law. Normal maintenance and repair of a nonconforming
structure or use is permitted, provided that it does not extend or
expand the degree of nonconformity.
C.
Any nonconforming use or structure which is less than
fifty-percent destroyed by fire, casualty or act of God may be repaired,
rebuilt and used as before, provided that no increase in the degree
of nonconformity is thereby created. All repairs shall be commenced
within two years after the damage occurs and shall be completed within
four years after such date, or such use shall not be rebuilt except
as a conforming use or structure.
D.
Cessation of a nonconforming use for a continuous
period of two years shall create a rebuttable presumption that such
use has been abandoned. Such nonconforming use shall not thereafter
be revived.
E.
Lots in R-300 and R-100 Zones which were conforming
at the time they were created will be considered conforming lots if
the lots meet the current yard and setback requirements of the zone
in which the lots are located.
[Added 9-24-1984 by Ord. No. 0-84-14[1] ]
[1]
Editor's Note: Section 18 of this ordinance
provided as follows: "Any application for development submitted before
July 1, 1984, to a municipal agency pursuant to lawful authority may
be continued at the option of the applicant, and the municipal agency
shall have every power it possessed before July 1, 1984, in regard
to any such application."
