ARTICLE
6. NONCONFORMING USES AND FEATURES
Sec.
6-1. Nonconforming uses and features may continue.
Subject to the limitations and restrictions set forth in
this article, nonconforming uses and nonconforming features
of uses and buildings may be continued. The terms "nonconforming
use" and "nonconforming feature" shall have
such meaning as defined in Article 11 of this Ordinance.
Sec.
6-2. Extension of nonconforming uses.
No nonconforming use shall be extended, enlarged or moved
so as to occupy a different or greater area of land or buildings
than was occupied by and actively devoted to such use at
the time it became nonconforming, provided that a nonconforming
use may be extended throughout such portion of land or such
part of a building which was lawfully and manifestly arranged,
designed and intended for such use at the time it became
nonconforming.
Sec.
6-3. Change of nonconforming uses.
-
A
nonconforming use of land or a nonconforming use of
a building may be changed to another use which is of
the same or more restricted classification under the
terms of this Ordinance or may be changed to any use
which conforms with the use regulations of this Ordinance.
Whenever a nonconforming use has been changed to a more
restricted use or to a conforming use, such use shall
not thereafter be changed back to the original nonconforming
use or to any less restricted use.
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Removal
and replacement of a manufactured home which constitutes
a nonconforming use on an individual lot or within a
manufactured home park, or removal of any manufactured
or mobile home unit which does not conform with current
federal manufactured housing construction and safety
standards and replacement of such unit with a manufactured
home which conforms with said standards, shall be permitted
so long as replacement takes place within sixty (60)
days of removal.
Sec.
6-4. Discontinuance of nonconforming uses.
Whenever a nonconforming use of land or a nonconforming
use of a building is discontinued for a period of more than
twenty-four (24) consecutive months, whether or not equipment
or fixtures intended for such use are removed, any subsequent
use shall conform with the use regulations of the district
in which the property is located.
Sec.
6-5. Alterations to buildings devoted to nonconforming uses.
No building or portion of a building devoted to a nonconforming
use shall be enlarged, extended, structurally altered, reconstructed
or moved, unless such building or portion of a building
is thereafter devoted to a use which conforms with the use
regulations of this Ordinance. Nothing in this article shall
be construed to prohibit normal repair, maintenance or nonstructural
alteration of a building devoted to a nonconforming use
or the alteration, strengthening or restoring of a building
to safe condition as may be required by law.
Sec.
6-6. Alterations to buildings having nonconforming features.
A building which is devoted to a conforming use and is nonconforming
with respect to the yard, height, bulk or area regulations
of this Ordinance or other feature required by this Ordinance
may be enlarged, extended or structurally altered, provided
that such enlargement, extension or structural alteration
does not increase the degree or extent of any nonconforming
feature of the building. An increase in the height of a
building or portion of a building which is nonconforming
with regard to a yard requirement shall be deemed to be
an increase in the extent of the nonconforming feature of
the building.
Sec.
6-7. Damage to buildings having nonconforming features or
to buildings devoted to nonconforming uses.
Reserved.
Sec.
6-8. Nonconforming dwelling uses.
Any dwelling use which is located in a Business or Industrial
District and which becomes a nonconforming use under the
provisions of this Ordinance may be maintained, improved,
structurally altered, enlarged or moved, or may be reconstructed
if damaged by fire, explosion, act of God or the public
enemy. In no case shall the amount of floor area devoted
to the dwelling use at the time of its inclusion in a Business
or Industrial District be increased by greater than ten
(10) percent; nor shall the number of dwelling units located
on the property be increased; nor shall the lot area, lot
width, lot depth or yard dimensions be reduced to less than
that which would be required for such dwelling use in the
R-2 General Residential District.
Sec.
6-9. Intermittent or illegal uses.
Intermittent, casual, temporary or illegal use of land or
buildings shall not be construed to establish the existence
of a nonconforming use for the purposes of this article.
Sec.
6-10. Existence of nonconforming uses and features.
The zoning administrator shall have the authority to determine
whether a nonconforming use or a nonconforming feature of
a use or building exists in accordance with the provisions
of this Ordinance. An appeal from any decision of the zoning
administrator regarding such determination may be taken
to the board of zoning appeals by any person aggrieved by
such decision pursuant to the provisions of Article 9 of
this Ordinance.
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