1. Statement of Intent. Within the various districts established by this chapter or its amendments there exist structures and uses of land with or without structures which are lawful or vested non-conforming uses prior to the adoption of this chapter in its amendments, but which would be prohibited, regulated or restricted under the provision of this chapter. It is the intent of this chapter to permit those non-conformities to continue even though they are incompatible with the district in which they are located so long as provisions hereinafter set forth are complied with. It is the general intent of this chapter to restrict non-conformities so that compatibility of land use and zoning will prevail.
2. Non-Conforming Uses of Land. The lawful use of land upon which no building or structure is erected or constructed, which is a vested non-conforming use under this and prior zoning ordinances as adopted or amended, may be continued as long as such use remains otherwise lawful, subject to the following provisions:
A. No such non-conforming use shall be enlarged, increased or extended to occupy a greater area of land.
B. No such non-conforming use shall be moved in whole or in part to any other portion of the lot or parcel.
C. No structure or building shall be constructed on or moved onto the land, unless the use is changed to a use permitted in that district.
D. If any non-conforming use of land ceases for any reasons for a period of one (1) year, any subsequent use of such land shall conform to the district regulations for the district in which such land is located.
3. Non-conforming Uses of Structures. If a lawful use of vested non-conforming use of a structure and land in combination exists at the effective date of adoption or amendment to these regulations, that would not be allowed in the district under the terms of these regulations, the use may be continued so long as it remains otherwise lawful, subject to the following provisions.
A. No existing structure devoted entirely or in part to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, reconstructed, moved or structurally altered, unless the use is changed to a use permitted in the district in which the structure is located, or this it is not enlarged or altered in anyway which increases the degree or nature of its non-conformity, and, provided that any enlargement or addition shall conform to current zoning regulations. Should the structure causing a non-conforming use be destroyed by any means to an extent of sixty percent (60%) or more of its replacement cost at the time of destruction, exclusive of the foundation, it shall not be reconstructed.
B. Any vested non-conforming use may be extended throughout any part of a building which was manifestly arranged or designed for such use at the time it became non-conforming. No such use shall be extended to any land outside such building.
C. If no structural alterations are made, a vested non-conforming use of a structure may be changed to another non-conforming use of a similar nature or a more restrictive classification. Whenever a non-conforming use has been changed to one of a more restrictive classification, or to a conforming use, such use shall not thereafter be changed to one of a less restrictive classification. Any proposed change or addition in usage of a non-conforming structure must first be reviewed by the Planning and Zoning Commission. Such review shall consider such features as similarities of use, character of use, traffic generation, and other applicable features. A recommendation shall be forwarded to the Zoning Board of Adjustment for review and determination if the proposed use is of a similar nature or one of a more restrictive classification. The Board of Adjustment shall then approve or disapprove the proposed use.
4. Non-Conforming Structures. Where a vested non-conforming structure is non-conforming by reasons of restriction on area, lot coverage, height, yards, or other characteristics of the structure and its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. That it is not enlarged or altered in a way which increases its non-conformity, and provided that such enlargement or addition conforms in all respects to existing zoning regulations.
B. Should it be destroyed by any means to an extent of sixty percent (60%) or more of its replacement cost at the time of destruction, exclusive of the foundations, it shall not be reconstructed except in conformity with the provisions of this chapter.
C. Maintenance and Repair to vested Non-conforming Structures. Nothing in this section shall prohibit the maintenance and repair of vested non-conforming structure to keep such structures in sound and safe condition, provided that no structural enlargement, extension, alteration, or change shall be made to increase the degree of non-conformity.
5. There may be change of tenancy, ownership, or management of any existing non-conforming use of land, structure, or land and structure providing there is not a change in the nature or character of said non-conforming use.