A nonconforming use may be continuously maintained provided there is no alteration or addition to any structure nor any enlargement of area, space or volume occupied by or devoted to such use, except as otherwise provided in this zoning ordinance.

(Ord. No. 2008-04 § 1.)

Ordinary repairs and maintenance not to exceed an aggregate cost equal to twenty-five percent of the currently appraised value of such structure may be made to a nonconforming structure, all or substantially all of which is designed, used or intended for a use not permitted in the zone where such structure is located.

(Ord. No. 2008-04 § 1.)

(a)

No nonconforming building or structure shall be added onto or expanded in such a manner so as to increase the area or height of the structure.

(b)

The area devoted to any nonconforming land use shall not be enlarged or extended.

(Ord. No. 2008-04 § 1.)

(a)

Any nonconforming structure or structure containing a nonconforming use, which is damaged or partially destroyed by fire, explosion, act of God, collapse, or any other casualty, may be reconstructed to the condition of the structure immediately prior to the occurrence of such damage or destruction, provided, however, that the reconstruction cost does not exceed the appraised value of such structure immediately prior to the occurrence causing such damage or destruction, as determined by a member in good standing of a nationally recognized professional society of appraisers. Such reconstruction and repair shall be commenced within one year from the date of damage or destruction and shall be pursued diligently to completion. Such repair or reconstruction of a damaged nonconforming structure shall not extend the termination date of such structure as specified in this zoning ordinance.

(b)

In determining the reconstruction cost of any nonconforming structure, there shall not be included therein the cost of land or any factors other than those concerning the nonconforming structure itself.

(Ord. No. 2008-04 § 1.)

While a nonconforming use exists on any lot or parcel of land, no new use may be established thereon except under the following conditions:

1.

Each existing and proposed use, including appurtenant structures, improvements and open space, shall be located on a lot or parcel of land having the required area as provided in the applicable zoning district.

2.

The uses will be so located that the lot or parcel of land could be subdivided into smaller lots or parcels of land, each of which will contain not less than the required area, and on each of which, the number, density and location of the structures will comply with the requirements of this zoning ordinance when considered as a separate lot or parcel of land.

(Ord. No. 2008-04 § 1.)

(a)

Termination by Violation. Any of the following violations of this section shall immediately terminate the right to operate a nonconforming use, except as otherwise provided in this zoning ordinance:

1.

Changing a nonconforming use to a use not permitted in the zone;

2.

Increasing or enlarging the area, space or volume occupied by or devoted to such nonconforming use;

3.

Addition to a nonconforming use of another use not permitted in the zone.

(b)

Termination by Discontinuance. Discontinuance of a nonconforming use as indicated herein shall immediately terminate the right to operate such nonconforming use, except when extended as otherwise provided in this zoning ordinance:

1.

Changing a nonconforming use to a conforming use;

2.

Discontinuance of a nonconforming use for a period of twelve or more successive calendar months.

(c)

Termination by Operation of Law. The following nonconforming uses and structures shall be discontinued and removed from their sites within the time specified in this section, except when extended as otherwise provided in this section:

1.

Where the property is unimproved, one year;

2.

Where the property is unimproved except for structures of a type for which a building permit is not required, three years;

3.

Where the property is unimproved except for structures which contain less than one hundred square feet of gross floor area, three years;

4.

Permanent on-site or off-site signs and supporting structures, twenty-five years;

5.

Outdoor advertising signs and structures, twenty-five years;

6.

Nonconforming farm animals (except swine) in residential zones only, fifteen years;

7.

Nonconforming buildings and structures housing residential, commercial or industrial uses may be maintained for the time as set forth below based on the type of building construction as defined by the building code:

a.

Type IV and type V buildings (light incombustible frame and wood frame) used as:

(i)

Residential dwelling units, thirty-five years,

(ii)

Stores and factories, twenty-five years,

(iii)

Any other building use not herein enumerated, twenty-five years,

b.

Type III buildings (heavy timber construction and ordinary masonry) used as:

(i)

Residential dwelling units, offices, hotels, and motel, forty years,

(ii)

Structures with businesses below and residences, offices, or a hotel above, forty years,

(iii)

Warehouses, stores, and commercial garages, forty years,

(iv)

Factories and industrial buildings, forty years,

c.

Type I and type II buildings (fire resistive) used as:

(i)

Residential dwelling units, offices, hotels and motels, fifty years,

(ii)

Theaters, warehouses, stores and garages, fifty years,

(iii)

Factories and industrial buildings, fifty years.

(d)

Substitution of Nonconforming Uses. A new nonconforming use shall not be substituted for an existing nonconforming use.

(e)

Publicly Owned Nonconforming Uses. Any lawfully existing publicly owned nonconforming use, including, but not limited to, schools, parks, libraries, fire stations, and other public uses, may be added onto, expanded, extended or altered if such additions, extensions or alterations do not extend beyond the site boundaries of the original site and provided said addition, extension or alteration does not decrease the existing off-street parking facilities established pursuant to the provisions of this zoning ordinance.

(Ord. No. 2008-04 § 1.)