Section 29-28 Nonconforming uses.
Prior to the adoption of 15533 on 03/02/1998, Section 29-28 read as follows.
(a) The lawful use of land existing at the time of passage
of Ordinance No. 9958, or
annexation, although such use does not conform to the provisions hereof, may be continued, but
if such nonconforming use is discontinued, any future use of such premises shall be in
conformity with the provisions of this chapter.
(b) The lawful use of a building existing at the time of
the passage of this article may be
continued, although such use does not conform with the provisions hereof, and such use may be
extended throughout the building, provided no structural alterations, except those required by
law or ordinance, are made therein. If no structural alterations are made, a nonconforming use of
a building may be changed to another nonconforming use of the same or more restricted
(c) A nonconforming use, if changed to a conforming use or
more restricted nonconforming
use, may not thereafter be changed back to a less restricted use than that to which it was changed.
If any property is hereafter transferred to a more restrictive district by a change in the district
boundaries, or the regulations and restrictions in any district are made more restrictive or of a
higher classification by amendment to this chapter, the provisions of this chapter relating to the
nonconforming use of buildings or premises existing at the time of passage of this chapter shall
apply to buildings or premises occupied or used at the time of the passage of such an amendment.
(d) Repairs and alterations may be made to a nonconforming
building, provided that no
structural alterations or extensions shall be made, except those required by law or ordinance,
unless the building is changed to a conforming use, provided that the board, by special permit in
the case of evident hardship, may grant an extension of a nonconforming use not exceeding
twenty-five (25) per cent of the first floor.
(Code 1964, § 19.230; Ord. No. 9958, § 1, 10-3-83)