Any building, structure, or use which is in violation of the provisions of this chapter, shall be considered to be a nonconforming building, structure, or use under the terms of this chapter. Any building, structure, or use which became not lawful after the effective date of Ordinance 1991-07, January 7, 1991, and which is in violation of the provisions of this chapter, shall be considered unlawful.
(A) Continuation and change of use. Except as otherwise provided in this section:
(1) The nonconforming use of a building or structure lawfully existing at the time this chapter became effective, may be continued only as a nonconforming use; and
(2) The nonconforming use of a building or structure may be changed only to a use of the same, or more restricted classification.
(B) Expansion prohibited. A nonconforming use of a building or structure designed for a conforming use shall not be expanded or extended into any other portion of such conforming building or structure nor changed except to a conforming use.
(C) Discontinuance. Whenever a nonconforming use has been discontinued for a period of six months, such use shall not thereafter be established and any further use shall be in conformity with the provisions of this chapter, except that the six-month period of discontinuance shall not apply to uses which are customarily closed for a greater portion of a year’s time.
(D) Damage. No building damaged by fire, or other causes to the extent of more than double its assessed value shall be repaired or rebuilt except in conformity with the provisions of this chapter.
(E) Maintenance permitted. A nonconforming building or structure may be maintained, except as otherwise provided in this section.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99