[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 10-041 §53, 6-2-2010]
A.
In
all districts where open land is being used as a non-conforming use,
such use may be continued as long as it remains otherwise lawful subject
to the following provisions:
1.
Enlargement. No such non-conforming use of a parcel
or lot shall be enlarged, expanded, or extended to occupy a greater
area of land or floor space than was occupied on the date of adoption
or amendment of this ordinance, and no additional accessory use, building,
or structure shall be established thereon.
2.
Relocation. No such non-conforming use of a parcel or lot shall be moved in whole or in part to any other portion of such parcel or lot not so occupied on the date of adoption of this ordinance or to a parcel or lot not in conformance with this Chapter or Chapter 410.
3.
Discontinuance. If such non-conforming use of a parcel or lot ceases, for any reason, for a period of more than one hundred eighty (180) consecutive days (except where government action causes such cessation), the subsequent use of such parcel or lot shall conform to the regulations and provisions set by this Chapter or Chapter 410 for the district in which such parcel or lot is located. Any non-conforming salvage yard may be continued, provided it is enclosed with an eight (8) foot sight-proof fence.
[Ord. No. 99-99 §1, 7-12-1999]
The lawful use of a building existing at the effective date
of this ordinance may be continued, although such use does not conform
to the provisions hereof. If no structural alterations are made, a
non-conforming use of a building may be changed to another non-conforming
use of the same or of a more restricted classification. Whenever a
non-conforming use has been changed to a more restricted use or to
a conforming use, such use shall not thereafter be changed to a less
restricted use. The non-conforming use of a building may be hereafter
extended throughout those parts of a building which were lawfully
and manifestly arranged or designed for such use at the time of the
enactment of this ordinance.
[Ord. No. 99-99 §1, 7-12-1999]
Any building or portion thereof, used in whole or in part for
a non-conforming use and which remains idle or unused for a continuous
period of one (1) year, whether or not the equipment or fixtures are
removed, shall only be used in conformity with the regulations of
the district in which it is located.
[Ord. No. 99-99 §1, 7-12-1999]
Any building which has been damaged by any cause whatsoever to the extent of fifty percent (50%) or more of the fair market value of the building immediately prior to damage, shall be restored except in conformity with the regulations of this Chapter or Chapter 410, and all rights as a non-conforming use are terminated. If a building is damaged by less than fifty percent (50%) of the fair market value, it may be repaired or reconstructed and used as before the time of damage, provided that such repairs or reconstruction be substantially completed within twelve (12) months of the date of such damage.
[Ord. No. 99-99 §1, 7-12-1999]
Existing uses eligible for conditional use permits shall not
be non-conforming uses, but shall require a conditional use permit
for any alteration, enlargement, or extension.
[Ord. No. 99-99 §1, 7-12-1999]
The casual, intermittent, temporary, or illegal use of land
or buildings shall not be sufficient to establish the existence of
a non-conforming use, and the existence of a non-conforming use on
the part of a lot or tract of land shall not be construed to establish
a non-conforming use on the entire lot or tract of land.
[Ord. No. 99-99 §1, 7-12-1999; Ord. No. 01-054 §1, 4-25-2001]
Whether a non-conforming use exists shall be decided by the Director of the Division of Planning and Zoning upon application by the owner or developer of any existing structure or building or use for a certificate of non-conforming use. The burden shall be on the owner or developer to establish an entitlement to continue a non-conformity or to complete a non-conforming development. The Director of the Division of Planning and Zoning shall review all evidence submitted, inspect the structure, building, or use which is the subject of the application, and grant or deny the certificate. Within forty-five (45) days from the date on which the Director of the Division of Planning and Zoning issues a decision to grant or deny the certificate, the decision of the Director of the Division of Planning and Zoning may be appealed to the Board of Zoning Adjustment, which shall hear and decide such an appeal in accordance with Part 7, Section 405.590 et seq.
[Ord. No. 99-99 §1, 7-12-1999]
A non-conforming use in violation of a provision of the ordinance
or order which this ordinance repeals shall not be validated by the
adoption of this ordinance.
[Ord. No. 99-99 §1, 7-12-1999]
When the use of a building becomes non-conforming through an
amendment to the Unified Development Ordinance or
Zoning District Map, such use may be continued, and if no structural
alterations are made, it may be changed to another non-conforming
use of a higher classification.
[Ord. No. 99-99 §1, 7-12-1999]
A building containing a non-conforming use may not be enlarged,
extended, or altered, unless such use is made to conform to the regulations
of the district in which it is located, provided however, that in
the case of evident hardship, a building containing a non-conforming
use may be enlarged an amount not greater than fifty percent (50%)
of its original area or ground floor area by variance from the Board
of Zoning Adjustment after public hearing.
