(a) Lawful Uses may Continue. Except as otherwise provided in this section, the lawful uses of land or buildings existing at the time of adoption of the Zoning Ordinance, may be continued, even though such use does not conform to the regulations specified by the Zoning Ordinance for the district in which such land is located.
(1) Any lawful use existing at the time of the adoption of the Zoning Ordinance, or any amendment thereof which, if newly created under the Zoning Ordinance, would require a special permit in the district in which it is situated may be continued and shall be deemed to be a conforming use, but any modification, change, or extension thereof shall be subject to the issuance of a special permit as provided in the Zoning Ordinance.
(b) Regulations Controlling Non-conforming Uses of Land.
(1) Enlargement. No nonconforming use shall be enlarged or extended off the lot occupied by such use at the time of the adoption of the Zoning Ordinance or shall be enlarged or extended to occupy any part of a required yard.
(2) Change of intensification of use. No nonconforming use may be changed by the addition or substitution of other processes or operations except on a determination of the Board of Appeals that the changes would make the use conform more closely to the spirit of the Zoning Ordinance.
(3) Movement. No non-conforming use shall be moved in whole or in part to any other portion of the lot occupied at the time of the adoption of the Zoning Ordinance, except on a determination of the Board of Appeals that the changes would make the use conform more closely to the spirit of the Zoning Ordinance and the character of the immediate neighborhood.
(4) Fencing junk yards. Regardless of any other provisions of the Zoning Ordinance, every junk yard existing as a non-conforming use shall within two years after becoming nonconforming be completely enclosed within a continuous solid fence or evergreen hedge found on a determination of the Board of Appeals to be of such height and character as to screen all operations of such establishment and which fence or hedge shall be maintained in full conformity with any conditions attached to such approval.
(5) Cessation of land use. If any non-conforming use of land ceases for any continuous period of not less than two years for any reason other than direct participation of owner or tenant in military service or act of God, any subsequent use of such land shall be in conformity to the regulations specified by the Zoning Ordinance for the district in which such land is located.
(c) Regulations Controlling Nonconforming Structures and Uses.
(1) Change to other non-conforming uses. A non-conforming use of a building may be changed to another non-conforming use, which, in a determination of the Board of Appeals is of the same nature or conforms more closely to the character of the neighborhood.
(2) Alteration. No existing building occupied by a non-conforming use shall be enlarged, extended, reconstructed or structurally altered in order that a non-conforming use may be extended.
(3) Movement. No non-conforming building shall be moved in whole or in part to any other portion of the lot and continued to be used unless the Board of Appeals shall make a determination that such movement is in keeping with the spirit of the Zoning Ordinance, and contributes to public safety or welfare, and shall give a special permit therefor.
(4) Cessation of building use. If any non-conforming use of a building ceases for any reason for a continuous period of not less than two years, for any reason other than direct participation of owner or tenant in military service, or if the building in or in which such use is conducted or maintained is moved for any distance without approval of the Board of Appeals, then any future use of such building shall be in conformity to the regulations specified by the Zoning Ordinance for the district in which such building is located.
If any building in or on which any non-conforming use is conducted or maintained is hereafter removed, the subsequent location and use of any building thereon shall be in conformity to the regulations specified by the Zoning Ordinance for the district in which such land is located.
(5) Destruction of nonconforming building. If at any time, in existence or maintained at the time of the adoption of this Zoning Ordinance, and not conforming to the regulations for the district in which it is located shall be destroyed by any means to an extent that the remaining value is less than fifty percent (50%) of the assessed valuation the immediate area occupied by said building shall thenceforth be subject to all the regulations specified by this Zoning Ordinance for the district in which such land and buildings are located.
(d) Removal of Nonconforming Signs. Regardless of any other provisions of this Zoning Ordinance, every sign which, after the adoption of this Zoning Ordinance, exists as a non- conforming use in any district shall be discontinued and removed or changed to a use permitted in the respective district not later than five years after the adoption of this Zoning Ordinance.
(Ord. 68-5938. Passed 1-3-68.)