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(A) Continuation of existing uses.
(1) All legal activities and uses existing on the effective date of this chapter may be continued and expanded as herein provided.
(2) If any change in title of possession, or renewal of a lease of any such lot or structure occurs, the use existing may continue.
(B) Discontinued use. If any nonconforming use is discontinued for a period exceeding two years after the enactment of this chapter, it shall be deemed abandoned and any subsequent use shall conform to the requirements of this chapter. Seafood processing facilities in operation at time of adoption of this chapter shall be exempt from the provisions of this section.
(C) Change of use. Whenever a nonconforming structure, lot, or activity has been changed to a more limited nonconforming use, such new use may be changed to only an even more limited use. Use changes (nonconforming) shall be decided by the Land Use Administrator subject to appeal in accordance with DMP-D as specified in § 157.060(B)(4).
(D) Permits. All nonconforming uses shall be identified and catalogued, and zoning permits and certificates of compliance (for nonconforming use) shall be issued by the Land Use Administrator within one year after adoption of this chapter. If a nonconforming use is not documented as aforementioned, the burden of proof for the nonconforming use shall rest with the property owner. The Land Use Administrator may require whatever evidence as may be deemed appropriate to substantiate the nonconforming use.
(E) Buildings under construction. The construction and use of a nonconforming building for which a building permit was legally issued prior to the adoption of this chapter may proceed, provided the building is completed and the nonconforming use is established within one year after the effective date of this chapter.
(F) Changes in district boundaries. Whenever the boundaries of a district are changed, any uses of land or building which becomes nonconforming as a result of such change shall become subject to the provisions of this section.
(G) Expansion or enlargement of existing nonconforming uses. The expansion or enlargement of an existing nonconforming structure or activity on property occupied on the effective date of this chapter may be permitted in accordance with the setback, yard, and height regulations of the district within which the use is located, with a special exception. This provision shall not apply to signs.
(H) Nonconforming unimproved lots.
(1) Notwithstanding any other provisions of this chapter, any unimproved lot legally of record on the effective date of this chapter, may be used for purposes as allowed by the zoning district in which the property is located, provided that yard setback requirements and design standards for the intended use can be met.
(2) Where any such unimproved lot can not meet the yard setback requirements, the Board of Zoning Appeals may consider applications for variance on an individual basis.
(I) Damage to existing nonconforming use. If a nonconforming structure is damaged in any manner, the structure may be repaired or replaced, provided that there is no increase in the nonconformity.
(J) Nonconforming junk yards. Automobile graveyards and junkyards in existence at the time of the adoption of this chapter are to be considered as nonconforming uses. Within one year after the adoption of this chapter the owner of such establishment must submit and have approved a landscape plan that will accomplish the screening of the use from view from any public street or from a residential use. The screening must be completed at the owners expense and may be a uniformly painted solid fence, masonry wall, earthen berm (stabilized), vegetation or combinations, or other means as may be approved by the Land Use Administrator. The screening must be completed within two years after adoption of this chapter. If vegetation is to be used, the approved plan must be implemented and the vegetation established within one year after the adoption of this chapter.
(Ord. passed 11-9-1995) Penalty, see § 157.999