(A)

Existing uses. Any lawful use of land or structures existing prior to the effective date of any zoning resolution or ordinance effecting the plot which precluded such use is hereby declared not to be in violation of this Code and may be continued, except as provided in subsection (B) below. Such a nonconforming use shall be subject to all of the provisions of this article pertaining to its continuance, change and discontinuance as well as all other provisions in this Code relating to non-conforming uses.

(B)

Time. Where a period of time is specified in this article, or in any other article of this Code, for the removal or discontinuance of nonconforming buildings, structures or uses, that period shall be computed from the effective date of such reclassification or change of regulations.

(C)

Establishment of nonconforming uses. In order to establish a nonconforming use, existing at the effective date of this article, or any use, which thereafter becomes nonconforming, the property owner shall apply for and be issued a certificate of legal nonconformity. The applicant shall submit at least 2 of the following:

(1)

A sealed survey dated prior to the effective date of the resolution or ordinance, which precluded the use, indicating that the use and buildings and structures accessory thereto were in existence;

(2)

Three sworn affidavits from persons having personal knowledge of the existence of the use and any accessory buildings and structures prior to the effective date of the resolution or ordinance which precluded the use;

(3)

Verifiable photographs indicating the existence of the use and any accessory buildings and structures prior to the effective date of the resolution or ordinance, which precluded the use;

(4)

Copies of building permits issued prior to the effective date of the resolution or ordinance, which precluded the use, indicating the proposed use and the size and location of any accessory buildings or structures; and/or

(5)

If, after review, the use is determined to have met all requirements of this article, a certificate of legal nonconformity shall be issued by the zoning official, or designee.

(1976 Code, Ch. 12, Div. 5, Art. XI, § 1; Ord. 217, passed 2-3-2004)

(A)

Nonconforming use of buildings.

(1)

The nonconforming use of a building may be extended throughout any part of the building clearly designed for that use but not so used at the effective date of the resolution or ordinance, which created the nonconforming use.

(2)

Any nonconforming use which occupied a portion of a building not originally designed or intended for that use shall not be extended to any other part of the building or any other building or structure on the plot.

(B)

Nonconforming use of land. A nonconforming use may not be extended to any land outside of a building. The nonconforming use of land shall not be extended to any additional area on the plot not so used at the effective date of the resolution or ordinance, which created the nonconforming use.

(C)

Repair, alteration, enlargement of buildings and structures used for nonconforming uses.

(1)

No structure utilized for a nonconforming use shall be enlarged, extended or structurally altered, unless the use is changed to one which complies with the provisions of this Code, provided, that repairs and maintenance may be carried out in any 1-year period in an amount not to exceed 25 percent of the assessed value of the structure for that year, and further provided that the work does not increase the cubical content of the building nor the floor area devoted to the nonconforming use, nor increases the number of dwelling units.

(2)

Nothing herein shall prevent compliance with applicable laws or statutes relative the safety and sanitation of a building occupied by a nonconforming use.

(1976 Code, Ch. 12, Div. 5, Art. XI, § 2) (Ord. 217, passed 2-3-2004)

(A)

There may be a change of tenancy, ownership or management of a nonconforming use provided there is no change of use, except as may be permitted by this article.

(B)

Any change of a nonconforming use shall be to a conforming use.

(1976 Code, Ch. 12, Div. 5, Art. XI, § 3) (Ord. 217, passed 2-3-2004)

(A)

Nonconforming use of land. If for any reason a nonconforming use of land ceases or is discontinued for a period of more than 60 days, the land shall not thereafter be used for a nonconforming use.

(B)

Nonconforming use of buildings or structures. If for any reason the nonconforming use of a building or structure ceases or is discontinued for a period of 6 months or more, the building or structure shall not thereafter be used for a nonconforming use.

(C)

Reconstruction after catastrophe.

(1)

If any nonconforming building or structure, in which there is a nonconforming use, is damaged by fire, flood, explosion, collapse, wind, war or other catastrophe to such an extent that the cost of rebuilding, repair and reconstruction will exceed 51 percent of the replacement cost of the same building or structure, it shall not be again used or reconstructed except in full conformity with the regulations of the district in which it is located.

(2)

For purpose of this division, multiple-family residential buildings in multiple-family residential districts, which are nonconforming insofar as maximum density, shall be exempt from this division and may be reconstructed to the same density, height, setbacks, plot coverage and amount of off street parking as was originally provided, subject to compliance with the Land Development Code.

(1976 Code, Ch. 12, Div. 5, Art. XI, § 4) (Ord. 217, passed 2-3-2004)

(A)

Nothing in this article shall be interpreted as authorization for, or approval of the continuation of the use of a structure or premises in violation of any ordinance or resolution in effect at the time the use was initially begun at the premises.

(B)

The casual, temporary or illegal use of land or a building or structure, or part thereof, shall not be sufficient to establish the existence of a nonconforming use or to create any vested rights in the continuance of such a use.

(1976 Code, Ch. 12, Div. 5, Art. XI, § 5) (Ord. 217, passed 2-3-2004)

(A)

(1)

The foregoing provisions of this article are intended to apply only to nonconforming uses, and are not intended to apply to uses permitted in the zoning district in which they are located in existing buildings and structures, and their plots, which do not conform to this Code insofar as height, yards, plot size, plot area, coverage, separation or other similar dimensional requirements or amount of off-street parking. Any additions, extensions or alterations to the existing buildings or structures shall comply with all applicable provisions of this Code.

(2)

In the event any such building or structure is damaged or destroyed by fire, flood, explosion, collapse, wind, war or other catastrophe, that building or structure may be reconstructed with the same dimensional requirements and amount of off-street parking as the original building or structure, provided there is no change of use.

(B)

If the occupancy of a building, or part thereof, by any nonresidential use permitted in the zoning district in which it is located, but which does not comply with this Code insofar as dimensional requirements, separations or amount of off-street parking, ceases for any reason for a period of 6 months, the use shall not thereafter be permitted to occupy the building, or part thereof, unless the building, or part thereof, and plot thereon are in full compliance with this Code.

(1976 Code, Ch. 12, Div. 5, Art. XI, § 6) (Ord. 217, passed 2-3-2004)