5.01 Statement of Purpose
5.02 Continuance of Use
5.03 Discontinuance of Use
5.04 Change of Non-Conforming Use
5.05 Termination and Removal of Non-Conforming Use, Buildings and Structures
5.06 Repairs and Alterations
5.07 Damage and Destruction
5.08 Additions and Enlargements
5.09 Use District Changes
5.01 STATEMENT OF PURPOSE
(a) It is the purpose of this article to provide for the regulation of non-conforming buildings, structures and uses and specify those circumstances and conditions under which those non-conforming buildings, structures and uses which adversely affect the maintenance, development or use and taxable value of other property in the district in which they are located shall be permitted to continue.
(b) This comprehensive amendment establishes separate districts, each of which is an appropriate area for the location of the uses which are permitted in that district. It is necessary and consistent with the establishment of those districts that those non-conforming buildings, structures and uses which substantially and adversely affect the orderly development and taxable value of other property in the district not be permitted to continue without restriction.
5.02 CONTINUANCE OF USE
(a) Any lawfully established use of a building or land, on the effective date of this ordinance or of amendments thereto, that does not conform to the use regulations for the district in which it is located, shall be deemed to be a legal non-conforming use, and may be continued except as otherwise provided herein.
(b) Any legal, non-conforming building or structure may be continued in use, provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted herein.
(c) Any building for which a permit has been lawfully granted prior to the effective date of the ordinance or of amendments thereto, may be completed in accordance with the approved plans; provided construction is started within ninety (90) days and diligently prosecuted to completion. Such building shall thereafter be deemed a lawfully established building.
5.03 DISCONTINUANCE OF USE
(a) Whenever any part of a building, structure or land occupied by a non-conforming use is changed to or replaced by a use conforming to the provisions of this ordinance, such premises shall not thereafter be used or occupied by a non-conforming use, even though the building may have been originally designed and constructed for the prior non-conforming use.
(b) Whenever a non-conforming use of a building or structure or part thereof has been discontinued for a period of twelve (12) consecutive months or whenever there is evident a clear intent on the part of the owner to abandon a non-conforming use, such use shall not after being discontinued or abandoned be reestablished, and the use of the premises thereafter shall be in conformity with the regulations of the District.
(c) Where no enclosed building is involved, discontinuance of a non-conforming use for a period of six (6) months constitute abandonment and shall not thereafter be used in a non-conforming manner.
(d) A non-conforming use not authorized by the provisions of the zoning ordinance in effect at the time the amendatory ordinance becomes effective, shall be discontinued and not reestablished, except when the provisions of the amendatory ordinance find the use to be conforming to the district in which it is then located.
5.04 CHANGE OF NON-CONFORMING USE
The non-conforming use of any building, structure or portion thereof, which is designed or intended for use not permitted in the district in which it is located, may be changed to another non-conforming use thereof only if such other use is permitted by a Special Use Permit as authorized in the Administrative Section.
5.05 TERMINATION AND REMOVAL OF NON-CONFORMING USE, BUILDINGS AND STRUCTURES
(a) The period of time during which the following non-conforming use of buildings, structures or land may continue or remain, shall be limited from the effective date of this ordinance or amendment hereto which causes the use to be non-conforming. Every such non-conforming use shall be completely removed from the premises at the expiration of the period of time specified below:
1. Any non-conforming use of building or structure having an assessed valuation not in excess of $500 on the effective date of this ordinance shall be removed after two (2) years.
2. Any non-conforming use of land where no enclosed building is involved or where the only buildings employed are accessory or incidental to such use, or where such use is maintained in connection with a conforming building shall be removed after a period of two (2) years.
3. A non-conforming use of land (outside of a building) shall be made to conform to the provisions of this ordinance within a period of five (5) years.
4. All non-conforming signs, billboards, and outdoor advertising structures shall be removed after a period of two years.
5.06 REPAIRS AND ALTERATIONS
(a) Normal maintenance of a building or other structure containing a non-conforming use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the non-conforming use.
(b) No structural alteration shall be made in a building or other structure containing a non-conforming use, except in the following situations:
1. When the alteration is required by law.
2. When the alteration will actually result in eliminating the non-conforming use.
3. When a building in a residential district containing residential non-conforming uses may be altered in any way to improve livability provided no structural alterations shall be made which would increase the number of dwelling units or the bulk of the building.
5.07 DAMAGE AND DESTRUCTION
If a building or other structure containing a non-conforming use is damaged or destroyed by any means (fire, explosion, act of God, or by a public enemy) to the extent of sixty (60) percent or more of its valuation (at that time), the building or other structure can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the district in which it is located. In the event the damage or destruction is forty (40) percent or less, the building or structure may be then restored to its original condition and the occupancy or use of such building may be continued which existed at the time of such partial destruction.
In either event, restoration or repair of the building or other structure must be started within a period of six (6) months from the date of damage or destruction and diligently prosecuted to completion.
5.08 ADDITIONS AND ENLARGEMENTS
(a) A non-conforming building may be enlarged or extended only if the entire building is thereafter devoted to a conforming use, and is made to conform to all regulations of the district in which it is located.
(b) No building partially occupied by a non-conforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such non-conforming use.
(c) No non-conforming use may be enlarged or extended in such a way as to occupy any required usable open space or any land beyond the boundaries of the lot, as it existed on the effective date of this ordinance or to displace any conforming use in the same building or on the same parcel.
(d) A building or structure which is non-conforming with respect to yards or any other element of bulk regulated herein shall not be altered if expanded in any manner which would increase the degree or extent of its non-conforming with respect to the bulk regulations of the district in which it is located.
5.09 USE DISTRICT CHANGES
Whenever the boundaries of a use district shall be changed so as to transfer an area from one use district to another use district of a different classification, the foregoing provisions shall apply to any non-conforming uses existing therein.