A. Purpose. The purpose of this subsection is to regulate the use, maintenance, alteration, repair, extension and restoration of buildings and land which lawfully existed at the time of adoption of this Ordinance, but which do not conform to the regulations for the district in which they are located.
B. Continued use.
1. The lawful use of land, building or structure existing at the time of the passage of this Ordinance, although such does not conform to the provisions hereof for the land, may be continued, but if such non-conforming use is discontinued or inactive for a period of six (6) months it shall be considered abandoned, and future use of the land or structure shall be in conformity with the provisions of this Ordinance. An applicant whose use has been discontinued or inactive for a period of six (6) months may request one (1) additional six (6) month extension. The Zoning Administrator may approve/disapprove the extension administratively or refer the request to Council for their consideration. Any decision of the Zoning Administrator regarding an extension may be appealed to Council.
2. Nothing in this article shall prevent the reconstruction, repairing, or rebuilding of a non-conforming structure or part thereof rendered necessary by normal wear and tear, deterioration, or depreciation.
3. Nothing in this Ordinance shall be interpreted as authorization for approval of the continuance of the use of a building or premises in violation of regulations in effect at the time of the effective date of this Ordinance.
4. Nothing in this Ordinance shall prevent requiring the strengthening or restoring to a safe condition of any portion of a structure declared unsafe by a proper authority.
5. Nothing in this Ordinance shall require any change in plans, construction, or designated use of a building or lot for which a building permit or other official permit has been issued prior to the enactment or amendment of this Ordinance, provided the construction or use shall be diligently pursued within six (6) months of the date of this Ordinance, and the building or use is completed and used according to such plans as filed within one (1) year from the date of adoption or subsequent amendment of this Ordinance.
6. A non-conforming building or portion thereof which was specifically designed or, beyond a reasonable doubt, intended by the nature of its arrangement and construction to be used in any way which would be non-conforming under this Ordinance, but was not so used at the time this Ordinance became effective, may, if not altered or repaired as prohibited elsewhere in this Ordinance, be occupied or used for the purpose for which it was designed, arranged, or intended provided such building is so used within six (6) months after the effective date of this Ordinance. Otherwise the use of such building shall conform to the provisions of this Ordinance.
7. Once a non-conforming use has been voluntarily discontinued or promised to be discontinued and filed in writing with the Zoning Administrator in order to secure a rezoning, Conditional Use Permit, or other approval, such non-conforming use, upon receipt of the requested approval, shall not be allowed to continue and shall conform to all provisions of this Ordinance except as specified in the approval.
C. Reconstruction.
1. Where any non-conforming use or structure in existence at the effective date of this Ordinance, which does not conform to the district in which located, that shall be destroyed to extent of fifty (50) percent of its value, then, without further action by Council, the building or land shall, from date of destruction, be subject to this Ordinance.
2. Nothing in this Ordinance shall be interpreted as authorization for continuance of the use of a building or land in violation of zoning regulations in effect prior to adoption of this Ordinance.
3. Nothing in this Ordinance shall be interpreted to require any changes in:
a. An existing building;
b. A building for which a building permit has been issued and construction has been diligently pursued within three (3) months of the date of permit, and ground story framework (including second tier of beams) has been completed within six (6) months of date of the permit, and the entire building was completed within one year from date of this Ordinance.
D. Expansion of a Non-Conforming Use. No non-conforming building, use of building or use of land shall be expanded on in any way that enlarges or reinforces the non-conformity.
(Ord. 06-678, passed 11-9-2006)