The lawful use of a lot, property, premises, tract of ground, building or other structure existing at the time of the effective date of this ordinance or any subsequent amendment, addition or change thereto may be continued as a legal nonconforming use although such use does not conform to the provisions hereof.

(Ord. No. 08-28, § 1, 7-28-08)

Whenever the use of a lot, property, premises, tract of ground, building or other structure becomes nonconforming through a change in the zoning ordinance or district boundaries that is not brought about as the result of a change requested by the property owner, a legal nonconforming use may be continued.

(Ord. No. 08-28, § 1, 7-28-08)

In the event that a legal nonconforming use is discontinued or its normal operation stopped, for a period of one year, the use of the lot, property, premises, tract of ground, building or other structure shall thereafter conform to the uses permitted in the district in which it is located.

(Ord. No. 08-28, § 1, 7-28-08)

No lot, property, premises, tract of ground, building or other structure devoted to a use not permitted by this ordinance in the district in which such lot, property, premises, tract of ground, building or other structure is located, except when required to do so by law or order, shall be enlarged, extended, reconstructed or structurally altered, unless such use is changed to a use permitted in the district in which such building or land is located. Repairs, maintenance, improvements, conversion and structural alterations of nonconforming buildings and structures housing conforming uses may be carried out, provided that such work does not increase the volume, bulk, height or area of the building or structure or in any way increase the degree of nonconformity or create a new nonconformity. Moreover, additions and alterations may be made to nonconforming buildings and structures housing conforming uses if the additions and alterations comply with all requirements of this ordinance.

(Ord. No. 08-28, § 1, 7-28-08)

No legal nonconforming use shall be expanded, enlarged or extended to occupy additional buildings, structures, building or ground space or other area unless such use is changed to a use permitted in the district in which such building or land is located. This section shall not be interpreted to prohibit the natural expansion of activity associated with a legal nonconforming use within the area legally occupied by such use.

(Ord. No. 08-28, § 1, 7-28-08)

When a building or structure, the use of which does not conform to the provisions of this ordinance, is damaged by fire, explosion, act of God, or the public enemy, to the extent of more than 60 percent of its assessed value, it shall not be restored except in conformity with the district regulations of the district in which the building is situated. When the building, the use of which does not conform to the provisions of this ordinance, is damaged by fire, explosion, act of God, or the public enemy, to the extent of less than 60 percent of its assessed value, it may be restored if the board of adjustment finds some compelling necessity requiring the continuance of the nonconforming use.

(Ord. No. 08-28, § 1, 7-28-08)

The following definitions shall be utilized when considering uses pursuant to this section.

Conforming use. Any activity for which a lot, property, premises, tract of ground, building or other structure is utilized, or occupied by human activity on a frequent, regular and recurring basis in conformance to the use standards of the zoning ordinance or other applicable regulations.

Legal nonconforming use. Any activity for which a lot, property, premises, tract of ground, building or other structure is utilized, or occupied by human activity on a frequent, regular and recurring basis that was lawfully allowed at the time it was established, has been lawfully continued but does not now conform to the use standards of the zoning ordinance or other applicable regulations.

Nonconforming use. Any activity for which a lot, property, premises, tract of ground, building or other structure is utilized, or occupied by human activity on a frequent, regular and recurring basis but does not conform to the use standards of the zoning ordinance or other applicable regulations. The term nonconforming use shall also include buildings and structures which by virtue of size, type of construction, location on the land or proximity to other structures or required building setback lines do not conform to the use standards of the zoning ordinance or other applicable regulations

Use. The term use means any activity for which a lot, property, premises, tract of ground, building or other structure is utilized, or occupied by human activity on a frequent, regular and recurring basis. By way of example and not of limitation a use shall be a shoe store, grocery store, physician's office, single-family residence, park, restaurant, motor vehicle repair, etc. Site improvements, buildings, structures and facilities that are vacant and/or not being utilized or occupied on a frequent, regular and recurring basis shall not in and of themselves constitute a use.

(Ord. No. 08-28, § 1, 7-28-08)