7.1

Continuation of Non-Conforming Uses and Building. A lawfully established use, building or structure which becomes non-conforming with respect to this Code on the effective date thereof or as a result of any subsequent amendment, may be continued except as otherwise provided in this Section.

7.2

Change of Non-Conforming Use. The non-conforming use of any building, structure, or portion thereof, which is designed or intended for a use not permitted in the district in which it is located, may not be changed to another non-conforming use.

7.3

Discontinuance of Non-Conforming Use. When the non-conforming use of a building, structure, or portion thereof, which is designed or intended for a use not permitted in the district in which it is located, is discontinued for a continuous period of one year, such building structure, or portion thereof shall thereafter be occupied only by a use which conforms to the use regulations of the district in which it is located.

Any non-conforming use which is discontinued for a continuous period of one year shall not thereafter be resumed, and the premises shall thereafter be resumed, and the premises shall thereafter be occupied only by a use which conforms to the use regulations of the district in which it is located.

7.4

Enlargements of Non-Conforming Uses and Buildings. There shall be no enlargement of a non-conforming use.

When a building, structure, or portion thereof, is designed or intended for a use not permitted in the district in which it is located, it shall not be enlarged, added to, or structurally altered in any manner except as may be required by law, unless the building or structure and use thereof shall be made to conform to the use regulations of the district in which it is located.

7.5

Repairs and Alterations of Non-Conforming Buildings and Structures. Repairs and alterations necessary in the ordinary course and operation of a building or structure may be made to a non-conforming building or structure, except that no structural alterations shall be permitted, unless such structural change is for the purpose of conforming with the use district. Alterations designed to increase the intensity of a non-conforming uses, are prohibited.

7.6

Damage or Destruction. A building or structure which contains a non-conforming use or is designed or intended for a use not permitted in the district in which it is located and which is damaged or destroyed by any means to the extent of 50 percent of its replacement value shall not be restored unless the building or structure and the use thereof shall conform to all the regulations of the district in which it is located.

7.7

Moving. No non-conforming building or structure shall be moved in whole or in part to any other location on the lot, except as required by law, unless every portion of such building or structures which is moved as the use thereof made to conform to all the regulations of the district in which it is located.

7.8

Termination of Non-Conforming Uses, Buildings and Structure.

7.8-1

Non-Conforming Buildings or Structures. Any non-conforming building, structure, or portion thereof, shall be demolished, removed or remodeled and converted for a use permitted in the zoning district after the termination of the respective periods of time set out hereinafter, which periods are hereby established as a reasonable amortization of the normal, useful life of each class of building and type of construction above the foundation walls or piers:

7.8-1.1

Fireproof construction of non-combustible materials consisting of exterior walls of solid brick, stone, reinforced concrete, or insulated metal panels between fireproofed steel and with interior structural members of reinforced concrete or fireproofed steel 30 years from the date the building, structure, or portion thereof, became non-conforming with respect to this Code as hereinbefore indicated, or 40 years from the date of issuance of the building permit for the construction of either the whole structure or the initial building or initial part thereof, whichever period shall terminate last.

7.8-1.2

Fire resistant shell construction consisting of exterior walls of solid brick, stone, reinforced concrete or other masonry units with structural members of unprotected steel, timber or wood joist construction 20 years from the date the building, structure, or portion thereof, became nonconforming with respect to this Code as hereinbefore indicated, or 30 years from the date of issuance of the building permit for the construction of either the whole structure or the initial building or initial part thereof, whichever period shall terminate last.

7.8-1.3

Frame type construction of exterior walls of wood or timber frame construction irrespective of the type of exterior surfaces and all other structures not qualifying under paragraph 7.8-1.1 or 7.8-1.2 and all physical improvements to land, all or substantially all of which are below or at ground level 10 years from the date of the building, structure, or portion thereof became nonconforming with respect to this code as hereinbefore indicated, or 20 years from the date of issuance of the building permit for the construction of either the whole structure or the initial building or initial part thereof, whichever period shall terminate last.

If, prior to the adoption of this Section, substantially all of a non-conforming building has been reconstructed, rebuilt, or structurally altered, or if an addition at least equal in size or valuation has been structurally attached thereto, then for the purposes of determining the normal useful life of such building, the date of issuance of the building permit therefore shall be taken to be the date of issuance of the building permit for such reconstruction, alteration, or addition.

7.8-2

Non-Conforming Use of Conforming Building. In a Residence District, the nonconforming business or manufacturing use of a building, or portion thereof which is designed or intended for a residential purpose, or for residential accessory purpose, shall be entirely discontinued on or before five years from the date the use became non-conforming with respect to this Section and not be reestablished.

7.8-3

Non-Conforming Use of Land.

7.8-3.1

The non-conforming use of land in a Residence District shall be terminated not later than two years from the date the use became non-conforming with respect to this Section in each of the following instances:

a.

Where no buildings or structures are employed in connection with such use, or where the only buildings, structures, or other physical improvements employed are accessory or incidental to such use or have an assessed valuation of less than $5,000.00 or

b.

Where such use is maintained in connection with a conforming building or structure; except that inadequate off-street parking facilities accessory to a building or structure located in the Residence District and occupied by a use conforming with the requirements of the district may be continued for as long a time as the premises are used for a permitted use.

7.8-3.2

A non-conforming use of land which is accessory to the non-conforming use of a building or structure shall be discontinued on the same date the non-conforming use of the building or structure is discontinued.

7.8-3.3

A non-conforming use of land which has in connection therewith, physical improvements all or substantially all of which are underground or at ground level shall be deemed to be a nonconforming structure, and shall be subject to the applicable provisions of Section 7.8.

7.8-4

Exempted Buildings, Structures and Uses.

7.8-4.1

No lawfully established building, structure, or use shall be subject to the termination provisions of this Section solely for reasons of being non-conforming with respect to the standards prescribed in this Chapter for any of the following: Floor area ratio, yards—front, side, rear, or transitional; off-street parking or loading; lot area, building height and gross floor area.

7.8-4.2

No non-conforming residential use or building lawfully established in a residential district shall be subject to the termination provisions of this Section.

(Ord. #18-010)