(a) Nonconforming uses include buildings, structures or uses which were lawfully existing prior to the adoption of this Zoning Ordinance, which are prohibited or further restricted as a result of the provisions adopted in this Ordinance.
(b) All nonconforming uses are considered by this Ordinance to be incompatible with the permitted uses of the zoning district in which the nonconforming uses are located.
(c) Nothing contained in this Ordinance shall be construed to require any changes to be made in the plans, construction, excavation or demolition, or designated use of any building, structure or use on which actual construction was lawfully begun, or for which plans were officially approved by the Municipality prior to the date of adoption of this Ordinance.
(1) Actual construction includes projects already under construction, whereby materials have been placed on the site and fastened together in a permanent manner; where excavation of a site has begun; or where demolition of a building to make way for rebuilding has begun, provided such construction, excavation or demolition and subsequent rebuilding shall be carried on diligently.
(2) Officially approved plans shall include preliminary and final subdivision plans which have been approved by the Municipality prior to the adoption of this Ordinance.
(d) All nonconforming buildings, structures or uses of land which were lawfully existing prior to the adoption of this Ordinance may be maintained and kept in repair.
(e) Any nonconforming building, structure or use of land which is superseded by a use which is permitted within the zoning district in which it is located shall thereafter be in conformance with this Ordinance, and the previous nonconforming use shall not be resumed.
(f) Any nonconforming use, building or structure which has been discontinued for a period of twelve consecutive months, or any nonconforming use of land which has been discontinued for a period of ninety consecutive days, shall not be re-continued or re-established unless it is made to conform with all of the regulations of the zoning district in which it is located.
(Ord. 1974-15. Passed 7-2-74.)
(g) Any building, structure or use of land which is devoted to a use which is not permitted by this Ordinance in the zoning district in which it is located shall not be extended, enlarged, constructed, restored, reconstructed, moved or structurally altered without approval by City Council subsequent to a recommendation by the Planning and Zoning Commission acting as the Board of Appeals; except that all nonconforming uses may be restored or reconstructed without any increase in size following destruction of less than seventy-five percent (75%) of the total structure. Destruction of more than seventy-five percent (75%) of the structure shall require City Council approval subsequent to Planning and Zoning Commission recommendation, along with Design Review Committee approval, if necessary.
(h) Any building, structure or use of land which is devoted to a use which is not permitted by this Ordinance in the zoning district in which it is located shall not be changed in use in any manner whatsoever from the specific use existing prior to the adoption of this Zoning Ordinance without approval by City Council after a recommendation by the Planning and Zoning Commission, and after a public hearing has been held by City Council, except for a change in use to a use which is permitted and in conformance with the regulations of this Ordinance.
(i) The approval provisions of subsections (g) and (h) hereof and any approval or recommendation thereunder do not alleviate the need to comply with all other design review provisions or Zoning Regulations and ordinances applicable to the property in question.
(Ord. 1994-12. Passed 3-1-94.)