§ 50-784. Nonconforming uses of land and elimination of such uses.

Where, as of the date of this article, lawful use of land exists that is made no longer permissible under the terms of this article as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming use shall be enlarged, increased or extended to occupy a greater area of land than was occupied on the date of this article; except, however, that the board of adjustment may allow a residential nonconforming use to expand if it finds that all setback, height and lot cover requirements are met and that granting the variance will not threaten the public or private health, safety or general welfare.

(2)

No such nonconforming use shall be moved in whole, in part or extended to include any other portion of the lot or parcel occupied by such use as of the date of this article.

(3)

If any such nonconforming use of land ceased for any reason for a period of more than 180 consecutive days, except where such use has been suspended by an Act of God, any subsequent use of the land shall conform to the regulations specified by this article for the district in which it is located, except for agricultural and seasonal type uses. If use of land, for such seasonal purposes is not made for two consecutive seasons, then all further use of land shall be conforming.

(4)

The nonconforming use of land which is accessory or incidental to the nonconforming use of a building or structure shall be discontinued on the same date the nonconforming use of the building or structure is discontinued.

(5)

Every use which becomes nonconforming by the adoption of this article, in terms of fencing, off-street parking, vision clearance, signs or emissions, shall be brought into compliance by January 1, 1991. On or before that date, any landowner may request a variance as provided by subsection 50-84(2), in which case the board of adjustment shall hear and decide the request.

(1991 LDR ch. 79, § 10.04; Ord. No. 2007-03, § 23, 7-17-2007)