(A) Definitions of non-conforming uses, buildings and structures. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
NON-CONFORMING USE. Any lawful use of land or any lawful use of a building or structure existing on the effective date of this chapter, or any amendment thereto, which use does not conform with the regulations for the district in which it is located after the effective date of this chapter or such amendment.
SUBSTANDARD BUILDING or SUBSTANDARD STRUCTURE. Any building or structure lawfully existing on the effective date of this chapter or any amendment thereto which building or structure does not conform with the regulations, including dimensional standards, for the district in which it is located after the effective date of this chapter or such amendment.
(B) Preservation of non-conforming uses. Except as hereinafter provided in this section, the lawful use of land or the lawful use of a building or structure existing on the effective date of this chapter or on the effective date of any amendment thereto may be continued although such use does not conform to the provisions of this chapter, except as otherwise provided in this section.
(C) Preservation of dimensionally substandard buildings or structures. Except as hereinafter provided in this section, buildings or structures lawfully existing on the effective date of this chapter or on the effective date of any amendment thereto may be maintained although such building or structure does not conform to the dimensional standards of this chapter. Any such building or structure shall not be altered or improved beyond normal maintenance, except that any lawful dimensional substandard residential building, accessory building or structure may be altered or improved if the existing substandard dimension relates only to setback requirements and does not exceed 10% of the minimum
setback requirements. Such alteration or improvement shall conform to all of the provisions of this chapter and shall not increase the existing substandard square footage.
(D) Unlawful uses, buildings and structures. No unlawful use of property existing on the effective date of this chapter or any amendment thereto nor any building or structure which is unlawfully existing on such date shall be deemed a non-conforming use or a non-conforming building or structure.
(E) Permit holders and permit applicants. Any non-conforming structure that is ready for or under construction on the effective date of this chapter or any amendment thereto may be completed and occupied in accordance with the requirements of any valid building permit issued therefor prior to such effective date.
(F) Change from one non-conforming use to another. A non-conforming use may be changed only to a use permitted in the district in which it is located; except that if no structural alterations are made, a non-conforming use of a building may be changed to another non-conforming use of the same or a more restrictive classification, and provided such change is approved by the Board of Adjustment and Appeals as hereinafter provided. Once changed to a conforming use, no building or land shall be permitted to revert to a non-conforming use.
(G) Change of use with approval of the Board of Adjustment. A non-conforming use, all or partially conducted in a building or buildings, may be changed to another non-conforming use only upon determination by the Board of Adjustment, after a public hearing, that the proposed new use will be no more detrimental to its neighborhood and surroundings than is the use it is to replace. In determining relative “detriment,” the Board of Adjustment shall take into consideration, among other things: traffic generated; nuisance characteristics, such as emission of noise, dust and smoke; fire hazards; and hours and manner of operation.
(H) Restoration of non-conforming buildings or structures. A non-conforming building or structure which is damaged or destroyed by fire, flood, wind, earthquake or other calamity may be restored and the occupancy or use of such building, structure or part thereof, which existing at the time of such partial destruction, may be continued or resumed, provided that the restoration is started within a period of one year and is diligently prosecuted to completion, unless the damage to such building or structure is equal to 50% or more of the replacement cost thereof (as determined by the Building Inspector) in which case, the reconstruction shall conform to the provisions of this chapter, except by conditional use permit and not to exceed the gross square footage of the previous structure.
(I) Abandonment of use. When any non-conforming use of land or of a building or structure is abandoned for a period in excess of one year, such land, building or structure shall, thereafter, be used only as provided by this chapter.
(Ord. passed - -) Penalty, see § 157.999