Nonconforming uses are those lawful uses of premises that do not conform with the requirements of this ordinance on the effective date of this ordinance or any governing amendment thereto.

(Ord. No. 11-15-99, 11-15-99)

Repairs and alterations may be made to an undamaged nonconforming building or structure; provided, however, no structural alterations shall be made except those required by law or ordinance, unless the building is changed to a conforming use; and provided that no additional dwelling units shall be added where the nonconforming use results from there being more dwelling units on the lot than is permissible in the district in which the building is located. No enlargement or extension of a nonconforming use shall take place except as the zoning board of adjustment may grant, as a special exception, an application to extend or enlarge a building occupied by a nonconforming use or of that portion of the lot occupied by such use provided such grant does not serve to prevent the return of such property to a conforming use.

(Ord. No. 11-15-99, 11-15-99)

Except as this ordinance may otherwise require, any nonconforming use may be continued in operation on the same land area and on the same floor area in a structure or structures which were occupied by the nonconforming use on the effective date of these regulations or on the effective date of any amendment by which the use became nonconforming, but such land area or floor area shall not be increased.

(Ord. No. 11-15-99, 11-15-99)

It shall be the right of the joint tenants and owners of a nonconforming use to register same by securing a certificate of occupancy as herein provided.

(Ord. No. 11-15-99, 11-15-99)

Any nonconforming use may be changed to a use conforming with the regulations herein established for the district in which the nonconforming use is located; provided, however, that a nonconforming use so changed shall not thereafter be changed back to a nonconforming use. A nonconforming use shall not be changed to another nonconforming use.

(Ord. No. 11-15-99, 11-15-99)

A.

A nonconforming use of any building or structure which has been abandoned shall not thereafter be returned to any nonconforming use. A nonconforming use shall be considered abandoned when:

(1)

It has been replaced with a conforming use; or

(2)

Such building or structure is or hereafter becomes vacant and remains unoccupied or out of use for a continuous period of six months, or the special equipment and furnishings peculiar to the nonconforming use have been removed within such six-month period; or

B.

If a nonconforming use is damaged or destroyed to an extent of more than 75 percent of its fair market value by a fire, explosion, act of God, or the public enemy, then any restoration must be for a permitted use.

C.

Premises used for signs and billboards, such uses must be discontinued and the signs and billboards removed within three years from the date such signs were erected.

D.

Where the enforcement of this section would impose an undue hardship on any property owner concerned, said property owner shall have the appeal for relief to the board of adjustments, who after public hearing, shall have the right to grant an extension of time as required in this section; provided, however, that such extension of time shall not be granted if it would be adverse to the best interest and general welfare of the citizens of Hewitt.

E.

Passage of this ordinance in no way legalizes any illegal uses existing at the time of its adoption.

(Ord. No. 11-15-99, 11-15-99)

Residential lots platted before the effective date of this ordinance shall not be considered nonconforming if not less than 6,000 square feet in area nor less than 60 feet in width.

(Ord. No. 11-15-99, 11-15-99)