NON-CONFORMING USES OF LAND, NON-CONFORMING STRUCTURES, NON-CONFORMING USES OF STRUCTURES AND PREMISES
Within the districts established by this ordinance or amendments that may later be adopted, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before the ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this ordinance to permit these non-conformities to continue until they are removed, but not to encourage their survival. It is further the intent of this ordinance that non-conformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
Non-conforming uses are hereby declared to be incompatible with permitted uses in the districts involved. A non-conforming use of a structure, a non-conforming use of land, or a non-conforming use of structure and land in combination shall not be extended or enlarged after passage of this ordinance by attachment on a building or premises of additional signs intended to be seen from off the premises or by addition of other uses. To avoid hardship nothing in this article shall be deemed to 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 ordinance and upon which actual building construction has been carried on diligently.
Where at the time of passage of this ordinance or amendment thereto lawful use of land exists which would not be permitted by the regulations imposed by this ordinance and where such use involves no individual structure with a replacement cost exceeding $1,000.00, the use may be continued for a period of not more than two years after the effective date of this ordinance so long as it remains otherwise lawful, provided:
9.11.
No such non-conforming use of land or land with minor structures shall be enlarged or increased, not extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance;
9.12.
No such non-conforming use shall be moved in whole or part into any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this ordinance;
9.13.
If any such non-conforming use of land ceases for any reason for a period of more than 30 days, any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located.
9.14.
No additional structure not conforming to the requirements of this ordinance shall be erected in connection with such non-conforming use of land.
9.15.
At the end of the above prescribed two-year period, the non-conforming use of land shall cease and the non-conforming use of any minor structures as above defined shall cease, and the land or land and minor structures in combination shall thereafter be used only for purposes permitted in the district in which they are located.
Where a lawful structure exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance by reason of restriction on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it is and remains otherwise lawful, subject to the following provisions:
9.21.
No such non-conforming structure may be enlarged or altered in a way which increases its non-conformity, but any structure or portion thereof may be enlarged or altered if the degree of its non-conformity remains the same or is decreased, provided such structure is used for a permitted use.
9.22.
Should such non-conforming structure or non-conforming portion of structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance.
9.23.
Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
If lawful use involving individual structures with a replacement cost of $1,000.00 or more, or of structure and premises in combination, exists at the effective date of adoption or amendment of this ordinance, that would not be allowed in the district under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
9.31.
No existing structure devoted to a use not permitted by this ordinance in the district in which it is located shall be enlarged, extended, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
9.32.
[DELETED]
9.33.
[DELETED]
9.34.
Any non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this ordinance, and land outside such building.
9.35.
Any structure, or structure and land in combination, in or on which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which it is located, and the non-conforming use may not thereafter be resumed. If no structural alterations are made, a non-conforming use of a building may be changed to another non-conforming use of the same or a more restrictive classification.
9.36.
When a non-conforming use of a structure, or structure and premises in combination is discontinued for a continuous period of one year, the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.
9.37.
Where non-conforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than 50 percent of the replacement cost at time of destruction.
On any structure or portion of a structure containing a non-conforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten percent of the current replacement cost of the structure or portion of the structure used for nonconforming purposes, as the case may be, provided that the cubic content existing when it became non-conforming shall not be increased. Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
NON-CONFORMING USES OF LAND, NON-CONFORMING STRUCTURES, NON-CONFORMING USES OF STRUCTURES AND PREMISES
Within the districts established by this ordinance or amendments that may later be adopted, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before the ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this ordinance to permit these non-conformities to continue until they are removed, but not to encourage their survival. It is further the intent of this ordinance that non-conformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
Non-conforming uses are hereby declared to be incompatible with permitted uses in the districts involved. A non-conforming use of a structure, a non-conforming use of land, or a non-conforming use of structure and land in combination shall not be extended or enlarged after passage of this ordinance by attachment on a building or premises of additional signs intended to be seen from off the premises or by addition of other uses. To avoid hardship nothing in this article shall be deemed to 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 ordinance and upon which actual building construction has been carried on diligently.
Where at the time of passage of this ordinance or amendment thereto lawful use of land exists which would not be permitted by the regulations imposed by this ordinance and where such use involves no individual structure with a replacement cost exceeding $1,000.00, the use may be continued for a period of not more than two years after the effective date of this ordinance so long as it remains otherwise lawful, provided:
9.11.
No such non-conforming use of land or land with minor structures shall be enlarged or increased, not extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance;
9.12.
No such non-conforming use shall be moved in whole or part into any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this ordinance;
9.13.
If any such non-conforming use of land ceases for any reason for a period of more than 30 days, any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located.
9.14.
No additional structure not conforming to the requirements of this ordinance shall be erected in connection with such non-conforming use of land.
9.15.
At the end of the above prescribed two-year period, the non-conforming use of land shall cease and the non-conforming use of any minor structures as above defined shall cease, and the land or land and minor structures in combination shall thereafter be used only for purposes permitted in the district in which they are located.
Where a lawful structure exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance by reason of restriction on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it is and remains otherwise lawful, subject to the following provisions:
9.21.
No such non-conforming structure may be enlarged or altered in a way which increases its non-conformity, but any structure or portion thereof may be enlarged or altered if the degree of its non-conformity remains the same or is decreased, provided such structure is used for a permitted use.
9.22.
Should such non-conforming structure or non-conforming portion of structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance.
9.23.
Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
If lawful use involving individual structures with a replacement cost of $1,000.00 or more, or of structure and premises in combination, exists at the effective date of adoption or amendment of this ordinance, that would not be allowed in the district under the terms of this ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
9.31.
No existing structure devoted to a use not permitted by this ordinance in the district in which it is located shall be enlarged, extended, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
9.32.
[DELETED]
9.33.
[DELETED]
9.34.
Any non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this ordinance, and land outside such building.
9.35.
Any structure, or structure and land in combination, in or on which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which it is located, and the non-conforming use may not thereafter be resumed. If no structural alterations are made, a non-conforming use of a building may be changed to another non-conforming use of the same or a more restrictive classification.
9.36.
When a non-conforming use of a structure, or structure and premises in combination is discontinued for a continuous period of one year, the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.
9.37.
Where non-conforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than 50 percent of the replacement cost at time of destruction.
On any structure or portion of a structure containing a non-conforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten percent of the current replacement cost of the structure or portion of the structure used for nonconforming purposes, as the case may be, provided that the cubic content existing when it became non-conforming shall not be increased. Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.