Any land, building, structure, or legal use of land, building, or structure which does not meet the area, height, or use requirements for the district in which it is located at the effective date of this chapter shall be deemed nonconforming and shall be subject to the following provisions.
(A) Nonconforming use of land. Any nonconforming use of land containing no buildings shall be terminated within 5 years of the effective date of this chapter.
(B) Nonconforming building or structure. Any building or structure nonconforming as to area, height, and setback requirements may be altered or extended only in conformance with the terms of this chapter.
(C) Nonconforming use of building or structure. Any building or structure nonconforming as to use requirement may be continued subject to the following provisions.
(1) No structure housing a nonconforming use may be structurally altered, extended, or enlarged.
(2) Repairs and maintenance are permitted to structures containing nonconforming uses, and complete replacement is permitted in the event of substantial damage caused by acts of God, fire, or explosion; provided the replacement is commenced within 6 months and completed within 18 months of the event. Otherwise, the new structure must be conforming.
(Am. Ord. 878, passed 1-27-1998)
(3) Any nonconforming use of a building or structure may be continued provided that the use is not extended to other portions of the building occupied by conforming uses at the effective date of this chapter. Change of any nonconforming use to a conforming use shall be of a nonreverting nature. Change from 1 nonconforming use to another nonconforming use shall not be permitted.
(4) If a nonconforming use involving a structure is discontinued from active use for a period of 1 year, further use of the structure shall be for a conforming use. If a nonconforming use not involving a structure is discontinued from active use for a period of 6 months, further use of the property shall be for a conforming use.
(5) Any building or structure under construction at the effective date of this chapter which will be nonconforming under the provisions contained herein, may be continued provided construction is diligently pursued in accordance with intentions as contained on the building permit application. Possession of a valid building permit for a building or structure which will be nonconforming under the terms of this chapter with no construction undertaken shall not be deemed proof of construction in progress and the permit is hereby rendered invalid.
(1981 Code, App. A) (Ord. 624, Art. VIII, § 1, passed 2-25-1975) Penalty, see § 10.99