[R.O. 2009 §24-281; Ord. No. 498 §1(Art. XII §1), 1-11-1983]
No existing building or premises devoted to the use not permitted
by this Chapter in the district in which such building or premises
is located shall be extended, reconstructed or structurally altered
unless such use is changed in accordance with this Article, except
when required to do so by law or order. Further, extension of non-conforming
uses or structures which, in the determination of the Building Commissioner,
constitute over twenty-five percent (25%) of the area occupied by
the original use or structure shall require conformance of the entire
use or structure with this Chapter.
[R.O. 2009 §24-282; Ord. No. 498 §1(Art. XII §2), 1-11-1983]
The lawful use of a building on land existing at the time of
the effective date of this Chapter 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 restrictive classification.
Whenever a non-conforming use has been changed to a more restrictive
classification or to a conforming use, such use shall not thereafter
be changed to a less restrictive use.
[R.O. 2009 §24-283; Ord. No. 498 §1(Art. XII §3), 1-11-1983]
Whenever the use of a building becomes non-conforming through
a change in the zoning ordinance or district boundaries, such use
may be continued and if no structural alterations are made, may be
changed to another non-conforming use of a more restrictive classification.
[R.O. 2009 §24-284; Ord. No. 498 §1(Art. XII §4), 1-11-1983]
In the event that a non-conforming use of any building or premises
is voluntarily discontinued for a period of one (1) year, the use
of the same shall thereafter conform to the use permitted in the district
in which it is located.
[R.O. 2009 §24-285; Ord. No. 498 §1(Art. XII §5), 1-11-1983]
When a building, the use of which does not conform to the provisions
of this Chapter, is damaged by fire, explosion, act of God or the
public enemy to the extent of more than sixty percent (60%) of its
original structure, as determined by the Building Commissioner, it
shall not be restored except in conformity with the district regulations
of the district in which the building is situated.
[R.O. 2009 §24-286; Ord. No. 498 §1(Art. XII §6), 1-11-1983]
A.
Owners,
tenants, agents or operators of all land uses which become legal non-conforming
uses on the effective date of this Chapter shall register that use
with the Building Commissioner. This registration shall provide the
following information:
1.
The name and address of the registrants;
2.
The legal interest, if any, that the registered individual has in
the non-conforming use;
3.
The address, name (if applicable) and activity(ies) being carried
out by the non-conforming use;
4.
The zoning district in which the non-conforming use is located; and
5.
The reason(s) for non-conformity.
B.
Failure
to comply with this registration requirement within ninety (90) days
from adoption of this Chapter shall constitute a violation of this
Chapter and may result in the loss of status as a non-conforming use.
