[Amended 12-9-2014 by Ord. No. 2014-33]
The following provisions shall apply to uses and structures which lawfully existed prior to the adoption of Part 4 of this chapter, or any amendment thereof, but which do not presently conform to Part 4 of this chapter or amendment thereof:
A.
Continuation permitted. Any nonconforming use or structure which
lawfully existed at the time of adoption of the zoning regulations
of this chapter or any amendment thereto may be continued upon the
lot or in the structure so occupied. Any such nonconforming use or
structure may be restored or repaired in the event of partial destruction
thereof.
B.
Rezoning. The provisions of this article shall also apply to buildings,
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.
C.
Subdivisions involving same. No lot containing a nonconforming use
shall be subdivided so as to reduce the lot area of such lot. No lot
containing a nonconforming structure shall be subdivided so as to
increase the degree or extent of the nonconforming condition.
D.
Expansions or alterations. The following provisions shall apply to
the expansion or structural alteration of nonconforming structures
or uses:
(1)
Any nonconforming use or structure which is nonconforming because
of use shall not be enlarged, extended or structurally altered in
any manner whatsoever.
(2)
No nonconforming structure may be structurally altered if the
alteration would increase the degree or extent of the nonconforming
condition, or would create any condition on the property that would
not be in conformance with this chapter.
(3)
A nonconforming use or structure changed or altered to a conforming
use or structure may not thereafter be changed back to a nonconforming
use or structure.
(4)
A nonconforming use or structure shall not be changed or altered
to diminish the nature, degree or extent of the nonconforming condition
in one location while simultaneously increasing the nature, degree
or extent of the nonconforming condition in another location on the
property.
E.
Change of use. A change of use from a nonconforming use to another
nonconforming use shall not be permitted.
F.
Abandonment of nonconforming use. 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 presumed 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 prevent the restoration of a nonconforming
use or structure partially destroyed by fire, explosion, act of God
or act of public enemy, provided that any nonconforming use or structure
partially destroyed in the manner aforesaid may be reconstructed and
thereafter used only in such manner as to not further violate the
reasons for nonconformity. Any nonconforming use or structure totally
destroyed in the manner aforesaid may only be rebuilt as a conforming
use or structure.
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.
Nothing in this section shall require any change in plans, construction
or designated use of a structure or building for which a preliminary
site plan and/or subdivision has been approved, provided the use and/or
structure conforms to the terms of the approved plan, and provided
that the period of protection provided by this chapter from changes
in the zoning regulations has not expired.
