Nonconforming use.
(a)
Existing nonconforming uses. The lawful uses of any building or land existing at the time of the enactment of this chapter although such use does not conform with the provisions of this chapter.
(b)
Construction approved prior to ordinance. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued, and the construction of which shall have been diligently prosecuted within three (3) months of the date of the permit, and the ground story framework of which including the second tier of beams, shall have been completed within six (6) months of the date of the permit, and which entire building shall be completed according to such plans as filed within one (1) year from the date of the ordinance from which this section derives.
(c)
Extension. A nonconforming use shall not be extended or enlarged except when required to do so by law or by ordinance. The attachment signs to the building, the placement of signs or display materials on land or side of the building, or the attachment of racks, balconies or other projections from the building shall be considered an extension of the use of the building.
(d)
Displacement. No conforming use shall be extended to displace a conforming use.
(e)
Alterations. A nonconforming building may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate of fifty (50) percent of the assessed value of the building unless the building is changed to a conforming use.
(f)
Restoration. No building damaged by fire or other causes to the extent of more than fifty (50) percent of its real value shall be repaired or rebuilt except in the conformity with the regulations of this chapter.
(g)
Unsafe structures. Any nonconforming structure or portion thereof declared unsafe by a proper authority may be restored to a safe condition.
(h)
Changes. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification.
(i)
Discontinuance. Whenever a building or land used in whole or in part for nonconforming purposes becomes and remains vacant for a continuous period of six (6) months, or when the operations normally carried on in such building or on such land have been discontinued for a period of six (6) months, the nonconforming use shall not thereafter be re-established and any future use shall be in conformity with the provisions of this chapter.
(j)
District changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one (1) district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein.
(Ord. No. 186, 10/10/68, Art. VII)
Nonconforming use.
(a)
Existing nonconforming uses. The lawful uses of any building or land existing at the time of the enactment of this chapter although such use does not conform with the provisions of this chapter.
(b)
Construction approved prior to ordinance. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued, and the construction of which shall have been diligently prosecuted within three (3) months of the date of the permit, and the ground story framework of which including the second tier of beams, shall have been completed within six (6) months of the date of the permit, and which entire building shall be completed according to such plans as filed within one (1) year from the date of the ordinance from which this section derives.
(c)
Extension. A nonconforming use shall not be extended or enlarged except when required to do so by law or by ordinance. The attachment signs to the building, the placement of signs or display materials on land or side of the building, or the attachment of racks, balconies or other projections from the building shall be considered an extension of the use of the building.
(d)
Displacement. No conforming use shall be extended to displace a conforming use.
(e)
Alterations. A nonconforming building may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate of fifty (50) percent of the assessed value of the building unless the building is changed to a conforming use.
(f)
Restoration. No building damaged by fire or other causes to the extent of more than fifty (50) percent of its real value shall be repaired or rebuilt except in the conformity with the regulations of this chapter.
(g)
Unsafe structures. Any nonconforming structure or portion thereof declared unsafe by a proper authority may be restored to a safe condition.
(h)
Changes. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification.
(i)
Discontinuance. Whenever a building or land used in whole or in part for nonconforming purposes becomes and remains vacant for a continuous period of six (6) months, or when the operations normally carried on in such building or on such land have been discontinued for a period of six (6) months, the nonconforming use shall not thereafter be re-established and any future use shall be in conformity with the provisions of this chapter.
(j)
District changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one (1) district to another district of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein.
(Ord. No. 186, 10/10/68, Art. VII)