Any lawful use of the land or buildings existing at the date of passage of this chapter and located in a district in which it would not be permitted as a new use under the regulations of this chapter is hereby declared to be a "nonconforming use" and not in violation of this chapter at the date of adoption of this chapter; provided, however, that a nonconforming use shall be subject to, and the owner shall comply with, the regulations set out in this article.

(Ord. No. 548, Art. XXI, 1-8-01)

The nonconforming use of land, which exists when this chapter becomes effective, may be continued provided that:

(a)

No such nonconforming use shall in any way be expanded or extended.

(b)

If such nonconforming use or any portion thereof is discontinued for twelve (12) months or changed, any future use of such use shall be in conformity with the provisions of this chapter.

(Ord. No. 548, § 21.01, 1-8-01)

Cross reference— Continuing nonconforming use, generally, § 22-13.

Any building which houses a nonconforming use which has been destroyed or damaged by fire, explosion, Act of God, or by public enemy to the extent of fifty (50) percent or more of its market value, exclusive of the foundation at the time such damage occurred, shall thereafter be made to conform with provisions of this chapter except if that building shall have an age of more than one hundred (100) years, which building, if rebuilt or restored, shall be substantially restored to the same appearance as before the damage occurred provided, however, that a building permit to initiate restoration must be obtained within six (6) months of the occurrence of damage; otherwise, the provisions of section 22-13 will apply. If such damage is less than fifty (50) percent of its market value before said damage occurred, exclusive of the foundation, then such structure may be restored to the same non-conforming use as existed before such damage occurred.

(Ord. No. 548, § 21.02, 1-8-01; Ord. No. 605, § 2, 1-12-04)

Any nonconforming use of land or building which has become vacant or remains unoccupied owing to abandonment or discontinuance for a period of twelve (12) months shall thereafter conform to the provision of this chapter.

(Ord. No. 548, § 21.03, 1-8-01)

There may be a change in tenancy, ownership, or management of an existing nonconforming use, provided there is no change in the nature or character of such nonconforming use.

(Ord. No. 548, § 21.04, 1-8-01)

A nonconforming use shall not be changed to another nonconforming use.

(Ord. No. 548, § 21.05, 1-8-01)