[Ord. No. 2005-03 §420.250, 5-9-2005]
A.
Nothing
contained in this Chapter shall require any change in the plans, construction
or designated use of a building for which the building footings are
in place at the time of the passage of this Chapter. It is the express
intent of the Planning and Zoning Commission that the substance of
this introductory provision remain unchanged.
1.
Continued and discontinued use. The lawful
use of land or of a building existing at the time of the adoption
of this Article may be continued, although such use does not conform
with the provisions hereof and such use may be extended throughout
such portions of buildings as are arranged or designed for such use,
provided no structural alterations are made therein. A non-conforming
use may be changed to another non-conforming use of a more restricted
zoning use. When a non-conforming use has been discontinued for one
(1) year or more, it shall not be reestablished. When the non-conforming
use of a manufactured home space, a sign or an open storage lot has
been discontinued for sixty (60) days or more, it shall not be reestablished.
If changed to a conforming use or more restricted use, a non-conforming
use may not thereafter be changed back to a less restricted use than
that to which it was changed. If by amendment to this Article any
property is hereafter transferred to a more restricted district by
a change in the district boundaries or the regulations and restrictions
in a district are made more restrictive, the provisions of this Chapter
relating to the non-conforming use of buildings or premises existing
before enactment of this Article shall apply to buildings or premises
occupied or used at the time of passage of such amendment. All prior
residential non-conforming uses shall be allowed to be reestablished
within one (1) year from the date this Subsection is amended.
[Ord. No. 2014-06 §1, 6-10-2014]
2.
Repairs and restoration. Repairs and improvements
may be made to a non-conforming building or structure provided that
no alterations shall be made, except those required by law or ordinance,
unless the building or structure is changed to a conforming or more
restricted use; provided that the Planning and Zoning Commission and
the Board of Aldermen, in case of evident hardship, may permit an
enlargement of a non-conforming use not exceeding fifty percent (50%)
of the ground floor area of the building. Nothing in this Article
shall be taken to prevent the restoration within one (1) year of a
non-conforming building destroyed to the extent of not more than one
hundred percent (100%) of its reasonable value by fire, explosion,
act of God or public enemy, provided that when such restoration becomes
involved in litigation, the time required for such litigation shall
not be counted as a part of the one (1) year allowed for reconstruction.
Alterations may be made to residences and customary accessory buildings
located in the commercial zone even though they are a non-conforming
use. Enlargement may not exceed fifty percent (50%) of existing square
foot area.
3.
Any planned unit district the plat for which has been duly recorded
as of the effective date of this Article shall be within the scope
of this Section as a non-conforming use. The plat for any such district
that has not been recorded by such date or for which changes are subsequently
sought shall be required to meet the provisions of this Article. Any
person, firm or corporation engaged in the dividing or subdividing
of land into lots or parcels for the purpose of conveyance or lease
within the scope and application of these regulations shall be known
as the developer.
