[Ord. No. 97-1, 10-14-1997]
A. 
Within the districts established by this Chapter or by amendments that may later be adopted, there exist lots, premises, structures, and uses of land which were lawful before this Chapter was effective or amended, but which would be prohibited, regulated, or restricted under the provisions of this Chapter or future amendment. These are designated as nonconformities.
B. 
It is the intent of this Chapter to permit these nonconformities to continue until they are removed (except as otherwise herein provided). Such nonconformities are declared by this Chapter to be incompatible with the permitted uses of land and structures in the districts involved. It is further the intent of this Chapter that such nonconformities shall not be enlarged upon, expanded, or extended so as to increase the particular nonconformity, except as provided for herein, nor shall these be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
C. 
A nonconforming use of land, premises, or structure shall not be enlarged upon, expanded, or extended after the effective date of the passage of the ordinance enacting these Zoning Regulations.
D. 
If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located.
E. 
A nonconforming use or a nonconforming building or structure which is nonconforming only because of failure to provide required off-street parking spaces or loading berths shall have all the rights of a conforming use or structure.
[Ord. No. 97-1, 10-14-1997]
A. 
Where, on the effective date of adoption or amendment of this Chapter, a lawful use of land exists that is no longer permissible under the regulations and standards of this Chapter, as adopted, or amended, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:
1. 
No such nonconforming use of land shall be enlarged, increased, or extended to occupy a greater area of land than was occupied on the effective date of adoption or amendment of this Chapter.
2. 
No such nonconforming use of land shall be moved in whole or in part to any other portion of the lot or tract of land occupied on the effective date of adoption or amendment of this Chapter.
3. 
If any such nonconforming use of land ceases for any reason, other than normal annual interruptions for seasonal uses, for a period of more than thirty (30) consecutive days, any subsequent use of such land shall conform to the resolutions and standards set by this Chapter for the district in which such land is located.
[Ord. No. 97-1, 10-14-1997]
A. 
Where, on the effective date of adoption or amendment of this Chapter, a lawful structure exists that could not be built under the regulations and standards of this Chapter, as adopted or amended, by reasons of restrictions on lot area, lot coverage, floor area ratio, heights, yards, spacing between buildings, or other characteristics of the structure or its location on the lot, such structure may be continued so as it remains lawful subject to the following provisions:
1. 
No such structure may be enlarged or altered except as noted in Article VI, Section 415.150. On a nonconforming structure, work may be done on ordinary repairs, or on repair or replacement of walls, fixtures, wiring, or plumbing, provided that the area of such building or the size of such structure as it existed at the effective date of adoption or amendment of this Chapter shall not be increased.
2. 
Should any such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations and standards for the district in which it is located after it is moved.
3. 
Should any structure be destroyed, it shall be permissible to replace said structure in the same location to the same lot area, lot coverage, floor area ratios, heights, setback yards, or spacing between buildings that existed prior, except that offenses to the zoning district requirements shall not be increased beyond what existed prior to the destruction of the building.
[Ord. No. 97-1, 10-14-1997]
A. 
Where, on the effective date of adoption or amendment of this Chapter, a lawful use of a structure, or a premises, exists that is no longer permissible under the regulations and standards of this Chapter as adopted or amended, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:
1. 
No existing building or structure devoted to a use not permitted by this Chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or altered except in changing the use of such building or structure to a use permitted in the district in which is it located. On a structure devoted to a nonconforming use, work may be done on ordinary repairs, or replacement of walls, fixtures, wiring, or plumbing, provided that the area of such building or the size of such structure as it existed at the effective date of adoption or amendment of this Chapter shall not be increased.
2. 
Any nonconforming use may be extended throughout any parts of the building or structure which were manifestly arranged or designed for such use at the effective date of adoption or amendment of this Chapter, but no such use shall be extended to occupy land outside of such building or structure.
3. 
If no structural alterations are made, any nonconforming use of a building or structure, or of any premises, may be changed to another nonconforming use, provided that the Planning Commission, 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 district than the existing nonconforming use. In permitting such changes, the Planning Commission may require appropriate conditions and safeguards in accord with the provisions of this Chapter.
4. 
Any building or structure, or any premises, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations and standards of the district in which such building, structure, or premises is located, and the nonconforming use shall not be resumed.
5. 
When a nonconforming use of a building or structure, or of a premises, is discontinued or abandoned for more than six (6) consecutive months or for more than eighteen (18) months during any three-year period, the building or structure, or the premises, shall not thereafter be used except in conformance with the regulations and standards of the district in which it is located. For those uses considered to be "seasonal businesses" as defined in Article II, Section 415.090, such nonconforming use shall not be permitted to continue if the building, structure or premises is discontinued or abandoned for more than nine (9) consecutive months or for more than any twenty-seven (27) months during any three-year period.
6. 
Where nonconforming use status applies to the use of a building, removal or destruction of the building or structure shall eliminate the nonconforming use status, and any use of a new building or structure must be a use permitted in the district in which it is located.