[§§ 429-10—429-14 adopted 12-6-2016 by Ord. No. 2016-08]
Any lawful use occupying any building, structure, lot or land
at the time of the effective date of this Chapter or any amendment
thereto which does not comply after the effective date of any amendment
thereto with the use regulations of the district in which it is situated
may be continued in the building or structure or upon the lot or land
so occupied.
A nonconforming use or structure shall not be reconstructed,
enlarged or extended, except as provided in this Article.
Any nonconforming use or structure existing at the time of the
passage of this Chapter may be continued upon the lot or in the building
so occupied, and any such structure may be restored or repaired if
the cost of repair or restoration of the current equalized value of
the new construction is less than 50% of the current equalized assessed
value of the existing structure, or as otherwise provided by applicable
law.
Any building or structure under construction pursuant to a building
permit lawfully issued prior to the effective date of this Chapter
may be completed and used for its designated purpose. If such building,
structure or use is not, however, in compliance with this Chapter,
then the building, structure or use shall be deemed a nonconforming
use, building or structure, as the case may be.
In the event that there is an abandonment of any nonconforming
use in accordance with applicable law, including evidence of non-use
by the owner for a period of time reflecting the intent of the owner(s)
to no longer use the property for the non-conforming use, other than
a national emergency or act of God, the same shall be deemed to be
an abandonment of such nonconforming use. Any subsequent exercise
of such abandoned nonconforming use shall be deemed a violation of
the terms of this Chapter.
