The lawful use of a building or premises existing at the time of enactment of this chapter may be continued although such use does not conform with the provisions of this chapter.

(Ord. No. 2232, 8-8-2017)

Any use of land and/or structures existing at the time of enactment or subsequent amendment of this chapter, which is not in conformity with its provisions may be continued subject to the following provisions:

(1)

The use of the building and land cannot be changed to another non-conforming use.

(2)

If the non-conforming use has ceased for a period of 12 continuous calendar months, it shall not be re-established provided that if the lessee of any building or place used or occupied for non-conforming purposes under a bona fide lease shall at any time before the expiration of said lease discontinue occupancy or use of said building or land, it shall not be considered vacant until the owner of said building or place shall again obtain control of its occupancy and use. This exception shall not apply, if the lesser for any reason be entitled legally to re-gain possession and does not by legal or other effective means attempt to do so.

(3)

A non-conforming use of a building or portion thereof, or land or a portion thereof, shall not be extended or enlarged except in conformity with this chapter. "Extended" is construed to include attachment of signs of display material on land outside of the building, or the attachment of racks, balconies, or other projections from the building, providing, however, that dwellings which are non-conforming only as to height and/or yard areas may be structurally altered or enlarged as provided for in this chapter.

(Ord. No. 2232, 8-8-2017)

Nothing in this chapter shall be construed as prohibitive against strengthening or restoring to a safe condition a building or portion thereof declared to be un-safe by any public official charged with protecting the public safety, upon order of such official.

To avoid undue hardship, nothing in this chapter shall require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastening these materials in a permanent manner and demolition, elimination and removal of any existing structure in connection with such construction, provided that actual construction work shall be diligently carried on until the completion of the building.

(Ord. No. 2232, 8-8-2017)

In any district in which single family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single family dwelling and customary accessory buildings may be erected on any single non-conforming lot which is of record at the effective date of adoption or amendment of this chapter. Such a lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the area requirements for the district provided, however, that the building placed upon said lot shall conform with the yard requirements of the district.

(Ord. No. 2232, 8-8-2017)