A.
A structure or use not otherwise conforming to the
provisions of this chapter, lawfully existing at the time of its passage
or amendment, shall be considered nonconforming, and it shall be permitted
to continue.
B.
Nothing in this chapter shall prevent a nonconforming
structure from being maintained, repaired or improved; provided, however,
there is no expansion of building size.
C.
Nothing in this chapter shall prohibit the regulation
of nuisances.
A.
If a lawful nonconforming use of any land, structure
or building is abandoned, it shall not be reestablished. Abandonment
of a nonconforming use shall consist of some overt act, or failure
to act, which would lead one to believe that the owner of the nonconforming
use neither claims nor retains any interest in continuing the nonconforming
use unless the owner can demonstrate an intent not to abandon the
use. An involuntary interruption of a nonconforming use, such as by
fire and natural catastrophe, does not establish the intent to abandon
the nonconforming use. However, if any nonconforming use is halted
for a period of one year, the owner of the nonconforming use shall
be presumed to have abandoned the nonconforming use, unless such presumption
is rebutted by the presentation of sufficient evidence of intent not
to abandon the use.
B.
For the purpose of this chapter, one or more of the
following actions shall indicate an intention to abandon a lawful
nonconforming use:
(1)
Removal of equipment, machinery, fixtures or inventory
from the premises.
(2)
Leaving the property to the elements.
(3)
Use of the property for a conforming use.
(4)
Substitution of a different nonconforming use for
that existing at the time of adoption of this chapter.
(5)
Voluntary demolition of the structure.
(6)
Lapse of or failure to apply for licenses or permits
necessary to the continuance of such nonconforming use.
(7)
Failure to appeal the denial of a permit to continue
the prior use.
If a lawful nonconforming use is destroyed by
accident or by an act of God to the extent of 75% of its fair market
value, or it is demolished in any lawful manner, it shall not be rebuilt
unless it conforms to the provisions of this chapter. If such use
is damaged to an extent less than 75% of its fair market value, it
may be restored provided the location and the total floor area are
not increased or altered. Nothing shall prevent the performance of
normal maintenance work on a lawful nonconforming use.
A.
A lawful nonconforming use shall not be extended or
enlarged. The extension of a use to a portion of a building which
portion was arranged or designed for such nonconforming use at the
time of passage of this amendment shall not be deemed the extension
of a nonconforming use.
B.
A nonconforming use of land (where no building is
involved) shall not be expanded or extended.
A lawful nonconforming use shall not be changed
to another lawful nonconforming use but may be changed to a conforming
use. A lawful nonconforming use, if changed to a conforming use, may
not thereafter be changed back to a lawful nonconforming use.
No additional tanks or pumps shall be added
to a lawful nonconforming filling station.
