(A) Within the zones established by this chapter, or amendments that may later be adopted, there may exist: lots, structures, uses of land, uses of structures, signs, and characteristics of use which were lawful before this chapter was passed or amended, but which are not lawful under the terms of this chapter or any future amendments hereto. It is the intent of this chapter to allow these non-conformities to continue until they are removed, but not to encourage their survival.
(B) At any time after the effective date of this chapter, the Planning and Zoning Commission or the Zoning Administrator shall notify the owner of property containing a non-conforming use, lot, structure, or sign, by certified mail return receipt requested, that such use, lot, structure, or sign does not conform with the requirements of this chapter. The notice shall advise the owner that if the owner fails to apply to the Zoning Administrator for a certificate of non-conformance within 30 days from the date the notice was received by the owner, that the use, lot, structure, or sign shall be considered a violation of this chapter. Upon receipt of an application for certificate of non-conformance, the Zoning Administrator shall determine whether the use, lot, structure, or sign was lawful before this chapter was passed or amended. If so, then the Zoning Administrator shall issue the certificate of non-conformance. If the use, lot, structure or sign was not lawful before this chapter was passed or amended, then the Zoning Administrator shall not issue the certificate of non-conformance. If the decision of the Zoning Administrator to refuse the issue the certificate of non-conformance is not appealed, then the decision shall be considered final and the use, lot, structure, or sign shall be considered in violation of this chapter.
(C) A use, structure or sign for which a certificate of non-conformance has been issued shall not be enlarged, expanded, or extended, but the addition of a lawful use under the terms of this chapter to any portion of a nonconforming building for which a certificate of non-conformance has been issued shall not be deemed an extension of such non-conforming use.
(D) A non-conforming building for which a certificate of non-conformance has been issued may not be reconstructed or structurally altered during its life to an extend exceeding an aggregated cost of 25% of the assessed value of the building unless said building when rebuilt contains a conforming use and otherwise conforms with this chapter. Any building damaged by fire or other causes to the extent of more than 50% of its assessed value shall only be restored or rebuilt after an application for such restoration or rebuilding has been approved by the Planning and Zoning Commission. Such application must show that the building and its use fully comply with this chapter.
(E) Whenever a non-conforming use has been discontinued for a period of 90 days or more, such use shall not thereafter be re-established, and any future use shall be in conformance with the provisions of this chapter.
(F) Nothing in this chapter shall require any change in plans, construction, or designated use of a building for which a building permit has been issued prior to enactment of this chapter.
(Ord. 558, passed 12-8-1986)