(A) (1) The lawful use of land by businesses existing at the time of the effective date of this section, although such use does not conform to the provisions hereof, may be continued, but if such non-conforming use is discontinued for a period of six months or longer, any future use of said premises shall be in conformity with the provisions of this section.
(2) The lawful use of a building existing at the time of the effective date of this section may be continued, although such use does not conform with the provisions hereof, and such use may be extended throughout the building provided no alterations, except those required by this section are made. A building being used for a non-conformity use may, upon approval of the Town Council, be altered by improvements, provided, however, the use shall be in conformity with the provisions of this section.
(3) When a district shall hereafter be changed, any then existing non-conforming use in such changed district may be continued or changed to any use permitted, provided that all other regulations governing the new use are complied with.
(4) This section shall not apply to existing structures, nor to the existing use of any buildings, but shall apply to any alteration of a building to provide for its use for a purpose, or in any manner, different from the use to which it was put before alteration; provided that, this section shall not be construed to prevent the restoration of a building damaged not more than 50% of its valuation by fire, explosion, act of God, or the public enemy, or prevent the continuance of the use of such building, or part thereof, as such use existed at the time of such damage, provided that such restoration shall be begun, and diligently pursued, within one year, nor shall the same be construed to prevent a change of such existing use under higher classification as herein provided. No building, which has been damaged as above provided, to the extent of more than 50% of its valuation, shall be rebuilt or repaired, except in conformity with the regulations contained in this section.
(5) When the boundary line of any district divides a plot or area in single ownership at the time of the adoption of this section, nothing herein shall be construed to prevent the extension of the use existing on either portion of such parcel of land for a distance of not greater than 25 feet.
(Prior Code, § 11-1-16)
(B) If, on any inspection, the condition of a building or premises, or its use or occupancy, is found not to conform to the requirements of this section, or the conditions of any existing certificate thereof, the Site Inspector shall, at once, issue written notice to the owner, specifying the manner in which the building or premises, or its use or occupancy, fails to conform, and the owner shall immediately take steps to make it conform as directed by the Site Inspector. If it is necessary for the proper protection of the occupants, the Site Inspector shall order the use or premises vacated until its condition is made satisfactory and conforms with the requirements of this section, at which time a certificate will be issued as provided for new buildings, or the use of premises.
(Prior Code, § 11-1-17) (Ord. passed 2-12-1991; Ord. passed 12-12-2005) Penalty, see 155.99