Any use or structure lawfully occupying a building or land at the effective date of this Title or subsequent amendments thereto or at any time of annexation or rezone, which does not conform with the regulations of the zone in which it is located shall be deemed a nonconforming use and may continue to operate as it did prior to the adoption of the Title. A nonconforming use shall exist if the owner or developer of such use has lawfully, in reliance on existing laws, ordinances or permits, made substantial expenditures or otherwise committed him or herself, to a substantial disadvantage, before the law, ordinance or permit is changed. Substantial shall be measured by consideration of all factors evidencing a change in position.
The right to maintain a nonconforming use runs with the land and is not terminated by a change in ownership, provided the nonconforming use is not enlarged, expanded or altered.
A. Preexisting Use: Any use lawfully occupying a building or land on the effective date hereof, or of subsequent amendments thereto, which does not conform to the regulations for the zone in which it is located shall be deemed to be a nonconforming use and may be continued. Maintenance and minor repairs necessary to keep a nonconforming use in sound condition during such continuance shall be permitted.
B. Enlargement: A nonconforming building may be enlarged or extended only if thereafter the entire building is devoted to a conforming use.
C. Alterations: No building partially occupied by a nonconforming use shall be altered in such a way to permit the enlargement or expansion of the space occupied by such nonconforming use.
D. Use Enlarged or Extended: No nonconforming use may be enlarged or extended in such a way as to occupy any required open space, or any land beyond the boundaries of the lot on which it existed on the effective date hereof, nor may any such nonconforming use displace any conforming use in the same building or on the same parcel.
E. Destruction: Any nonconforming building destroyed by fire or other calamity to an extent of fifty percent (50%) or more of the appraised value immediately prior to such destruction may not be restored unless such restoration shall make the building a conforming building and any intended use shall be a conforming use; provided however, that nothing in this Title shall be construed to prevent the restoration and the resumption of former lawful use of any building that is damaged or partially destroyed by fire, or other calamity, to the extent of less than fifty percent (50%), provided that such restoration is started within one calendar year and diligently prosecuted to completion. (Ord. 232, 4-14-2010)