[Ord. No. 945, 2-11-2002]
A.
Where on February 11, 2002, lawful use of land exists that is made
no longer permissible under the terms of this Chapter as enacted or
amended, such use may be continued so long as it remains otherwise
lawful, subject to the following provisions:
1.
No such non-conforming use shall be enlarged or increased nor
extended to occupy a greater area of land to an extent greater than
twenty-five percent (25%) of the total area of land occupied or used
at the effective date of adoption or amendment of this Chapter.
2.
If any such non-conforming use of land is discontinued for a
period greater than one hundred eighty (180) continuous days for any
reason, any subsequent use of such land shall conform to the regulation
specified by this Chapter for the district in which such land is located.
3.
A non-conforming use must continue in substantially the same
form.
A.
Where a lawful structure exists on February 11, 2002, that could
not be built under the terms of this Chapter by reason of restrictions
on area, lot coverage, height, yards, or other characteristics of
the structure or its location on the lot, such structure may be continued
as long as it remains otherwise lawful, subject to the following provisions:
1.
No such structure may be enlarged or altered in a way which
increases its non-conformity to an extent greater than the total area
of the structure occupied or used at the effective date of adoption
or amendment of this Chapter.
2.
Nothing in this Chapter shall prevent the restoration or reconstruction
of a non-conforming building partially or completely demolished or
destroyed by fire, explosion, act of God or act of the public enemy
subsequent to February 11, 2002, or prevent the continuance of the
use of such building or part thereof, as such use existed at the time
of destruction of such building or part thereof, or prevent a change
of such existing use under the limitations provided herein, provided
an application for a building permit to rebuild said structure is
filed with the Town of Carrollton within six (6) months from the date
said structure is destroyed and provided that new construction is
completed and occupied within eighteen (18) months from the date of
the issuance of the building permit.
[Ord. No. 945, 2-11-2002]
A.
If a lawful use of a structure, or of a structure and premises in
combination exists on February 11, 2002, that would not be allowed
in the district under the terms of this Chapter, the lawful use may
be continued as long as it remains otherwise lawful, subject to the
following provisions:
1.
Any non-conforming use may be extended throughout any parts
of a building which were manifestly arranged or designed for such
use at the time of adoption or amendment of this Chapter but no such
use shall be extended to occupy any land outside such buildings.
2.
If no structural alterations are made, any non-conforming use
of a structure or structure and premises may be changed to another
non-conforming use, provided that the proposed use is equally appropriate
or more appropriate to the district than the existing non-conforming
use and is not substantially different from the existing use. Any
proposed changes shall be approved by the Governing Body. A non-conforming
use, if changed to a conforming use or more restricted, non-conforming
use, may not thereafter be changed back to a less restricted use than
that to which it was changed.
3.
When a non-conforming use of a structure, or structure and premises
in combination is discontinued or abandoned for a period greater than
one hundred eighty (180) continuous days, the structure and premises
in combination shall not thereafter be used except in conformance
with the regulations of the district in which it is located.
