- NONCONFORMING USE AND STRUCTURES
(a)
When a use or structure which does not conform to the regulations prescribed in the district in which such use or structure is located was in existence and lawfully operating prior to the adoption of the previous zoning ordinance and has been operating since without discontinuance.
(b)
When on the effective date of the ordinance from which this article is derived, the use or structure was in existence and lawfully constructed, located and operating in accordance with the provisions of the previous zoning ordinance or which was a nonconforming use thereunder, and which use or structure does not now conform to the regulations herein prescribed for the district in which site use or structure is located.
(Ord. of 9-7-1970, § 17-101)
No nonconforming use may be expanded or increased beyond the lot or tract upon which such nonconforming use is located as of the effective date of the ordinance from which this article is derived, except to provide off-street loading or off-street parking space upon approval of the board of adjustment.
(Ord. of 9-7-1970, § 17-102)
Any nonconforming use may be changed to a conforming use and once such change is made, the use shall not thereafter be changed back to a nonconforming use.
(Ord. of 9-7-1970, § 17-103)
A change of occupancy from one nonconforming use to another nonconforming use may be made by securing a certificate of occupancy from the building official, provided, such change is to a use permitted in a zoning district where the original nonconforming use would be permitted or, provided that such use change is to a use permitted in a more restrictive classification, provided further that such change of use and occupancy will not tend to prolong the life of a nonconforming structure.
(Ord. of 9-7-1970, § 17-104)
Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use by securing a certificate of occupancy from the building official.
(Ord. of 9-7-1970, § 17-105)
Whenever a nonconforming use is abandoned, all nonconforming rights shall cease and the use of the premises shall henceforth be in conformance to this article. Abandonment shall involve the intent of the user or owner to discontinue a nonconforming operation and the actual act of discontinuance. Any nonconforming use which is discontinued for, or which remains vacant for a period of six months, shall be considered to have been abandoned. Any nonconforming use which is moved from the premises shall be considered to have been abandoned.
(Ord. of 9-7-1970, § 17-106)
If a nonconforming structure or a structure occupied by a nonconforming use is destroyed by fire, the elements or other cause, it may not be rebuilt, except to conform to the provisions of this article. In the case of partial destruction of a nonconforming use not exceeding 60 percent of its reasonable value, reconstruction may be permitted after a hearing and favorable action by the board of adjustment, but the size and function of the nonconforming use shall not be expanded.
(Ord. of 9-7-1970, § 17-107)
- NONCONFORMING USE AND STRUCTURES
(a)
When a use or structure which does not conform to the regulations prescribed in the district in which such use or structure is located was in existence and lawfully operating prior to the adoption of the previous zoning ordinance and has been operating since without discontinuance.
(b)
When on the effective date of the ordinance from which this article is derived, the use or structure was in existence and lawfully constructed, located and operating in accordance with the provisions of the previous zoning ordinance or which was a nonconforming use thereunder, and which use or structure does not now conform to the regulations herein prescribed for the district in which site use or structure is located.
(Ord. of 9-7-1970, § 17-101)
No nonconforming use may be expanded or increased beyond the lot or tract upon which such nonconforming use is located as of the effective date of the ordinance from which this article is derived, except to provide off-street loading or off-street parking space upon approval of the board of adjustment.
(Ord. of 9-7-1970, § 17-102)
Any nonconforming use may be changed to a conforming use and once such change is made, the use shall not thereafter be changed back to a nonconforming use.
(Ord. of 9-7-1970, § 17-103)
A change of occupancy from one nonconforming use to another nonconforming use may be made by securing a certificate of occupancy from the building official, provided, such change is to a use permitted in a zoning district where the original nonconforming use would be permitted or, provided that such use change is to a use permitted in a more restrictive classification, provided further that such change of use and occupancy will not tend to prolong the life of a nonconforming structure.
(Ord. of 9-7-1970, § 17-104)
Where a conforming use is located in a nonconforming structure, the use may be changed to another conforming use by securing a certificate of occupancy from the building official.
(Ord. of 9-7-1970, § 17-105)
Whenever a nonconforming use is abandoned, all nonconforming rights shall cease and the use of the premises shall henceforth be in conformance to this article. Abandonment shall involve the intent of the user or owner to discontinue a nonconforming operation and the actual act of discontinuance. Any nonconforming use which is discontinued for, or which remains vacant for a period of six months, shall be considered to have been abandoned. Any nonconforming use which is moved from the premises shall be considered to have been abandoned.
(Ord. of 9-7-1970, § 17-106)
If a nonconforming structure or a structure occupied by a nonconforming use is destroyed by fire, the elements or other cause, it may not be rebuilt, except to conform to the provisions of this article. In the case of partial destruction of a nonconforming use not exceeding 60 percent of its reasonable value, reconstruction may be permitted after a hearing and favorable action by the board of adjustment, but the size and function of the nonconforming use shall not be expanded.
(Ord. of 9-7-1970, § 17-107)