(A) If within the districts established by this chapter (or amendments that may be adopted later) there exist lots, structures and uses of land and structures which were lawful before this chapter was passed or amended, but which are prohibited under the terms of this chapter, such uses shall be termed “nonconforming uses”. Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. However, it is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to be altered nor used as grounds for adding other structures or uses prohibited elsewhere in the same district.
(B) After passage of this section, a nonconforming use or a nonconforming use of a structure shall not be extended or enlarged. The addition of other uses, if such additions are of a nature which would be prohibited generally in the district involved, shall also be prohibited. To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on. ACTUAL CONSTRUCTION is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner, and demolition, elimination and removal of an existing structure in connection with such construction; provided actual construction work is diligently carried on until the completion of the building involved.
(C) Where, at the effective date of adoption or amendment of this chapter, a lawful use of land exists that is made no longer permissible under the terms of this section as enacted or amended, such use may be continued, subject to the following provisions.
(1) No such nonconforming use shall be enlarged nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment in this chapter.
(2) No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter.
(3) No nonconforming use may be changed to another nonconforming use.
(4) Where any nonconforming land, structure or use in part or in whole is made to conform to the regulations for the district in which it is located, the part or whole which has been made to conform may not thereafter be changed in such a manner as would be nonconforming.
(5) If a nonconforming use of land ceases for any reason for a period of six months or more, that property may not again be used for a nonconforming use. The property shall conform to its district regulations from that time hence.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)