CHAPTER 8
NONCONFORMING USES
SECTION:
10-8-1: General
10-8-2: Discontinuance
10-8-3: Enlargements And Modifications
10-8-1: GENERAL:
Except as otherwise required by State law, a structure or use legally established prior to the adoption date of this chapter be maintained unchanged. In other than criminal proceedings, the owner, occupant or user shall have the burden to show that the structure, lot or use was lawfully established. (Ord. 2021-05, 10-20-2021)
10-8-2: DISCONTINUANCE:
   A.   Vacancy. Any lot or structure, or portion thereof, occupied by a nonconforming use, that is or hereafter becomes vacant and remains unoccupied by a nonconforming use for a period of one (1) year shall not thereafter be occupied, except by a use that conforms to this chapter.
   B.   Damage. If any nonconforming structure or use is, by any cause, damaged to the extent of fifty percent (50%) of its value as determined by the Building Official, it shall not thereafter be reconstructed as such. (Ord. 2021-05, 10-20-2021)
10-8-3: ENLARGEMENTS AND MODIFICATIONS:
   A.   Maintenance and Repair. Maintenance, repairs and structural alterations shall be permitted to be made to nonconforming structures or to a building housing a nonconforming use with valid permits.
   B.   Changes of Nonconforming Use. A change of use of a nonconforming use of a structure or parcel of land shall not be made except to that of a conforming use. Where such change is made, the use shall not thereafter be changed back to a nonconforming use.
   C.   Additions. Additions to nonconforming structures and parking areas shall conform to the requirements of this chapter. Additions to structures housing nonconforming uses that increase the area of a nonconforming use shall not be made.
   D.   Certificate of Occupancy Required. No building hereafter structurally altered or erected shall be used or changed in use for a nonconforming use until a Certificate of Occupancy has been issued by the Building Official, stating that the building or proposed use thereof or the use of the land, complies with the provisions of this chapter for the renewing, changing or extending thereof. (Ord. 2021-05, 10-20-2021)