ARTICLE XVIII:
NON-CONFORMING USES
18.10 Intent: It is the intent of this article
to regulate non-conforming uses of structures and lots and to provide
for their gradual elimination.
18.20 Non-Conforming Uses: Any lawful use of
a structure or lot existing at the time of adoption of this ordinance
may be continued although such use does not conform to the provisions
of this ordinance for so long as it remains lawful, subject to the provisions
of this article.
18.30 Conditions: The following conditions
shall govern the continuance of non-conforming uses:
A. No non-conforming
use shall be enlarged, increased, extended or moved unless the use is
changed to one permitted pursuant to the provisions of this ordinance.
B. Any
non-structural repairs and incidental alterations for normal maintenance may
be made. Structural alterations required by law or ordinance shall be
allowed.
C. Any non-conforming
use may be extended throughout any parts of the building which were manifestly
arranged or designed for such use at the time of adoption or amendment
of this ordinance, but no such use shall be extended to occupy any land
outside such building.
D. Upon
discontinuance or abandonment of said use for a period of six (6) consecutive
months, or for eighteen (18) months during any three-year period, no use shall
be made except as in conformance with the regulations of the district within
which it is located.
E. Any
structure which has been substantially destroyed by any means may be reconstructed
according to original footprint and size at the time of the disaster provided
it is a requirement of the mortgage or insurance company. If the owner
wishes to rebuild damaged properties not required by the mortgage or insurance
company, the owner shall apply to the planning commission for a conditional
use/variance permit.
18.40 Change of Use: Any non-conforming use
may not be changed to another non-conforming use.
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