The lawful use of any building or structure or land existing at the time of the enactment or amendment of the ordinance from which this chapter is derived may be continued, even though such use does not conform with the provisions of this chapter, except that the nonconforming use shall not be:

(1)

Extended to occupy a greater area of land.

(2)

Extended to occupy a greater area of a building or structure unless such additional area of the building or structure existed at the time of the passage or amendment of the ordinance from which this chapter is derived and was clearly designed to house the same use as the nonconforming use occupying the other portion of the building or structure.

(3)

Reestablished after discontinuance for six months.

(4)

Changed to another nonconforming use.

(Code 2004, § 39-601)

A nonconforming structure may not be enlarged or extended unless a variance for such has been granted by the planning and zoning commission. A legal nonconforming structure may be maintained or repaired, under permit, in accordance with all pertinent building codes and ordinances.

Change of ownership, tenancy, or management of a nonconforming structure shall not affect its legal, nonconforming status.

Whenever a nonconforming structure is damaged, it may be restored subject to the following:

(1)

For principal buildings, the structure may be restored if the extent of the damage is 40 percent or less of the floor area of the structure or 40 percent or less of the replacement value of the structure, as determined by the building inspector.

(2)

For accessory buildings, the structure may be restored if the extent of the damage is 25 percent or less of the floor area of the structure or 25 percent or less of the replacement value of the structure, as determined by the building inspector.

(3)

Restoration must be completed within six months of the date of damage.

(4)

If the damage exceeds 40 percent of the floor area or replacement value of the principal structure or 25 percent of the floor area or replacement value of the accessory structure, as determined by the building inspector, the structure may only be restored in conformity with this chapter.

(Code 2004, § 39-602; Ord. No. O-119-10, 12-16-2010)

Editor's note— Ord. No. O-119-10, adopted Dec. 16, 2010, renamed § 78-141 from "Continuance of a building occupied by a nonconforming use" to "Nonconforming structure/building".