Any use of property that does not conform to the regulations prescribed in the preceding section of this ordinance and which shall have been in existence prior to the adoption of this ordinance shall be called a non-conforming use. Any use that may be made non-conforming after adoption of this ordinance due to amendment of the ordinance through annexation and which is not a violation of the ordinance shall also be considered a non-conforming use.

(Ord. 2016-4155, 07/18/2016)

Any non-conforming use of land or structures may be continued for definite periods of time subject to such regulations as the Board of Adjustment may require for immediate preservation of the adjoining property. The Board of Adjustment may grant a change of occupancy from one (1) non-conforming use to another, providing the use is within the same, or higher or more restricted zoning classification as the original non-conforming use and such change of use and occupancy will not tend to prolong and continue the non-conforming use. In event a non-conforming use of a building may be changed to another use or the same or more restricted classification, it shall not later be changed to a less restrictive classification of use and the prior less restrictive classification shall be considered to have been abandoned.

(Ord. 2016-4155, 07/18/2016)

Whenever a nonconforming use is discontinued, abandoned, or unused for twelve (12) consecutive months or more, all nonconforming rights shall cease and the use of the premises shall be in conformity with this Ordinance and all applicable codes of the City. The term "discontinue" shall mean that the property or structure is vacant of that use or has changed from the use that was in place on the effective date of the Ordinance.

(Ord. 2016-4155; 07/18/2016)

If the owner of a nonconforming structure in which a use is permitted as listed in the Zoning Use Tables within this ordinance wishes to continue using said structure beyond the 12-month allowable time period as designated in Subsection 15-130, an inspection will be required to determine whether it meets all applicable building code and construction standards the City has adopted. The structure may continue use if it is determined to have met the City's adopted standards.

(Ord. 2016-4155, 07/18/2016)

Whenever the structure in which a nonconforming use is housed, operated or maintained is damaged by natural or accidental causes to the extent of more than fifty percent (50%) of the value of the structure on the date of the damage, the right to operate such nonconforming use shall cease. In the event that a structure in which a nonconforming use is housed, operated or maintained is partially destroyed, such that the damage does not exceed fifty percent (50%) of the value of the structure on the date of the damage, the nonconforming use shall be allowed to continue, and the structure may be rebuilt upon issuance of a building permit. Repairs or reconstruction shall be substantially completed within twelve (12) months of the date of such damage. Valuation shall be based upon the calculation of physical reproduction costs made from material and labor, the quantities and prices of materials, and the hours and costs of labor as of the date immediately prior to damage reasonably required to reproduce the building or structure in its condition as of the time of damage.

(Ord. 2016-4155, 07/18/2016)

If the nonconforming manufactured home is owner-occupied, the owner may replace the existing manufactured home with another newer manufactured home. The manufactured home must be replaced within six (6) months of the older manufactured home being removed. The replacement manufactured home must be no older than seven (7) years from the date the replacement unit is set on the lot.

(Ord. 2016-4155, 07/18/2016)