Subject to the limitations and restrictions set forth in this article, nonconforming uses and nonconforming features of uses and buildings may be continued. The terms "nonconforming use" and "nonconforming feature" as used herein shall have such meaning as defined in Article I of this chapter.

(Ord. No. 1553, 5-14-07)

Nonconforming use shall be extended, enlarged or moved so as to occupy a different or greater area of land or buildings than was occupied by and actively devoted to such use at the time it became nonconforming, provided that a nonconforming use may be extended throughout such portion of land or such part of a building which was lawfully and manifestly arranged, designed and intended for such use at the time it became nonconforming.

(Ord. No. 1553, 5-14-07)

A nonconforming use of land or a nonconforming use of a building may be changed to another use which is of the same or more restricted classification under the terms of this chapter or may be changed to any use which conforms to the use regulations of this chapter. Whenever a nonconforming use had been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed back to the original nonconforming use or to any use which is less restricted by the terms of this chapter.

(Ord. No. 1553, 5-14-07)

Whenever a nonconforming use of land or a nonconforming use of a building is discontinued for a period of more than 24 consecutive months, whether or not equipment or fixtures intended for such use are removed, any subsequent use shall conform to the use regulations of the district in which the property is located.

(Ord. No. 1553, 5-14-07)

No building or portion of a building devoted to a nonconforming use shall be enlarged, extended, structurally altered, reconstructed or moved, unless such building or portion of a building is thereafter devoted to a use which conforms to the use regulations of this chapter. Nothing in this article shall be construed to prohibit normal repair, maintenance or nonstructural alteration of a building devoted to a nonconforming use or the alteration, strengthening or restoring of a building to safe condition as may be required by law.

(Ord. No. 1553, 5-14-07)

A building which is devoted to a conforming use, but is nonconforming with respect to the yard, height, bulk or area regulations of this chapter or other feature required by this chapter may be enlarged, extended or structurally altered, provided that such enlargement, extension or structural alteration does not increase the degree or extent of any nonconforming feature of the building. An increase in the height of a building or portion of a building which is nonconforming with regard to a yard requirement shall be deemed to be an increase in the extent of the nonconforming yard feature of the building.

(Ord. No. 1553, 5-14-07)

Damage to existing nonconforming structure. Should a nonconforming structure be damaged by fire, wind, water or any other damage, every effort shall be made to rebuild the structure to conform to current ordinance. However, should it be deemed infeasible to rebuild to current conformity, the structure may be rebuilt to the nonconforming use in existence prior to the occurrence of said damage within two years. An additional two years shall be allowed should the damage be the direct result of a Federally-declared disaster. After the above mentioned timeframes, if the structures remain un-built, said structures shall be rebuilt to conform to current standards and regulations.

(Ord. No. 1553, 5-14-07)

Any dwelling use which is located in a Business or Industrial District and which becomes a nonconforming use under the provisions of this chapter may be maintained, improved, structurally altered, enlarged or moved, or may be reconstructed if damaged by fire, explosion, act of God or the public enemy. In no case shall the amount of floor area devoted to the dwelling use at the time it became nonconforming be increased, nor shall the number of dwelling units located on the property be increased, nor shall the lot area, lot width, yard dimensions or number of off-street parking spaces be reduced to less than that which would be required for such dwelling use in the R-4 District.

(Ord. No. 1553, 5-14-07)

Intermittent, casual, temporary or illegal uses of land or buildings and temporary or illegal features of uses or buildings shall not be construed to establish the existence of a nonconforming use or a nonconforming feature.

(Ord. No. 1553, 5-14-07)

The zoning administrator shall have the authority to determine whether a nonconforming use or a nonconforming feature of a use or building exists in accordance with the provisions of this chapter. Appeal from any such determination by the zoning administrator may be taken to the board of zoning appeals by any person aggrieved by such determination pursuant to the provisions of Article X of this chapter.

(Ord. No. 1553, 5-14-07)

In every case where extension of a nonconforming use, change of a nonconforming use, change to a building devoted to a nonconforming use or change to a building having a nonconforming feature is permitted by the provisions of this article, such extension or change shall be subject to the requirements set forth in Article VII of this chapter pertaining to zoning permits, building permits and certificates of use and occupancy. No zoning permit, building permit or certificate of use and occupancy shall be approved or issued by the responsible official unless all requirements and restrictions of this article and all other applicable provisions of this chapter are met.

(Ord. No. 1553, 5-14-07)

Within six months of the effective date of this chapter, application shall be made to the zoning administrator for a zoning permit for every use which becomes a nonconforming use as a result of the provisions of this chapter. Such application shall be made by the owner of the property or by an authorized agent of the owner.

(Ord. No. 1553, 5-14-07)