(A) This chapter and the districts herein, or any later amendments, may create situations where structures, buildings or uses of the land previously permitted may become prohibited, regulated or otherwise restricted. It is the intent of this chapter to permit the continuance of these nonconforming structures or uses until they are removed, but not to encourage their survival. These uses are declared by this chapter to be incompatible with the permitted uses in the districts involved.
(B) An existing building or premises devoted to a use not permitted by this chapter in the district in which the building or premises is located, shall not be enlarged upon, extended, reconstructed or structurally altered, nor shall it be used as grounds for adding other buildings or structures prohibited elsewhere in the same district, except when required to do so by law or ordinance, unless the use is changed to one permitted in the district in which the building or structure or land is located.
(C) A nonconforming use of a building may be replaced with another nonconforming use, provided no structural alterations are made.
(D) No change from one nonconforming to another shall be made without first applying to and receiving a permit from the Planning Commission to make the change, except as defined in division (E) below.
(E) A nonconforming use may be changed to a more conforming use at any time.
(F) Whenever a nonconforming use has been changed to a conforming use, the use shall not thereafter be changed to a less conforming use.
(G) The extension or addition of a lawful use to any portion of a nonconforming building or structure or land shall not be deemed as the extension of the nonconforming use.
(H) Where nonconforming status applies to a building or structure, the removal or destruction of same shall eliminate the nonconforming status of land.
(I) If a building or structure is moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is removed.
(J) All uses which lawfully exist on the effective date of this chapter and are classified as a conditional use by this chapter for the district in which they are located shall be considered lawful conditional uses.
(K) Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the provisions of this subchapter shall also apply to any nonconforming uses developing as a result of that action.
(Ord. 221, passed 11-6-1995) Penalty, see § 10.99