(A) Continuation. On or after the effective date of this subchapter or any subsequent amendments, a nonconformity that was lawfully operated, established or commenced in accordance with the provisions of all ordinances, statutes or regulations in effect at that time may continue subject to this subchapter.
(B) Change in tenancy or ownership. There may be a change of tenancy, ownership or management of any existing nonconforming use or structure which does not alter the nonconforming status.
(C) Special land uses and variances. If a special land use or variance has been approved, the structure or use shall not be considered nonconforming.
(D) Issued zoning permit. Any zoning permits issued prior to the effective date of this chapter, or any subsequent amendments, shall be valid in accordance with its terms, even though not conforming to the provisions of this chapter, provided that construction is commenced within 12 months after the date of permit issuance and proceeds meaningfully until completion.
(E) Exception for repairs pursuant to public order. Nothing in this subchapter shall be deemed to prevent the strengthening or restoration to a safe condition of a building or structure in accordance with an order of a public official who is charged with protecting the public safety and who declares such structure to be unsafe and orders its restoration to a safe condition, provided that such restoration is not otherwise in violation of the various provisions of this subchapter prohibiting the repair or restoration of partially damaged or destroyed buildings or structures.
(F) Loss of nonconformity. A legal nonconformity is lost by changing to conform to the chapter or through vacancy, lack of operation or otherwise for 12 or more successive calendar months. If lost, any future use of such premises shall be in conformity, in its entirety, with the provisions of this chapter. Loss of a nonconformity shall terminate the right to continue the nonconformity.
(Ord. 160, passed 4-21-2022)