(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
NON-CONFORMING STRUCTURE. A structure which was lawfully erected prior to the adoption of this chapter but which, under this chapter, does not conform with the standards of coverage, yard spaces, height of structures or distance between structures prescribed in the regulations for the district in which the structure is located.
NON-CONFORMING USE. A use of a structure or land which was lawfully established and maintained prior to the adoption of this chapter, but which, under this chapter, does not conform to the use regulations for the district in which it is located.
(B) Application.
(1) Any non-conforming structure may be restored to a safe condition. Any expansion must be approved by the Council. Replacement of a non-conforming structure or use terminates its non-conforming status.
(2) The lawful use of land, buildings or structures existing at the time of the passage of this chapter, although it does not conform to the provisions hereof, may be continued, but if the non-conforming use is discontinued for a period of one year, any future use of the land or structure shall be in conformity with the provisions of this chapter.
(3) A non-conforming use of a building or land shall not be changed to another non-conforming use. Changes shall be to a conforming use only.
(4) No building, structure or premises shall be used and no building, structure or part thereof shall be constructed, altered, repaired, improved, moved, removed, erected or materially altered, except in conformity with the provision of the zone in which it is located, unless it is non-conforming as provided herein. Any use that is not specifically permitted is hereby declared to be a prohibited use, unless otherwise approved by the Council.
(1974 Code, § 18-3-1) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)