(a)

Non-conforming use. Any use lawfully occupying a structure or land on the effective date of this code or of subsequent amendments to it that does not conform to the regulations of this code, as adopted or amended, or which is not specifically permitted by this code, shall be deemed to be a legally non-conforming use and may be continued, and the right to engage in such use shall run with the land, subject to the provisions of this article. No changes in the type, scale or intensity of the use are permitted, except those resulting in conformity of the use.

(b)

Non-conforming structure. Any structure lawfully existing on the effective date of this code, or of subsequent amendments to it, that does not conform to the regulations of this code, as adopted or amended, or which is not specifically permitted by this code, shall be deemed to be a legally non-conforming structure and may continue to be used, and the right to use the structure shall run with the land, subject to the provisions of this article. Any structure for which a permit has been lawfully granted as of the effective date of this code, or of subsequent amendments to it, must be completed in accordance with the approved plans; provided that actual construction is started within 180 calendar days of the date of issuance of the permit and completed within two years, and the permit remains unrevoked and unexpired. Such structure shall thereafter be deemed to be a legally non-conforming structure.

(c)

Enlargement or extension of legally non-conforming structures. A legally non-conforming structure may not be enlarged, expanded, extended, reconstructed or structurally altered except:

1.

If the enlargement, expansion, extension, reconstruction or alteration is required by law or order.

2.

If the enlargement, expansion, extension, reconstruction or alteration brings the structure into full conformance with all the provisions of this code and all regulations of the zone in which it is located.

3.

The structure may be maintained against ordinary wear and tear.

4.

An existing mobile home may be replaced with a non-substandard mobile home.

(d)

Damage or destruction of non-conforming structures. Nothing in this code shall be construed to prevent the restoration and resumption of a former use permitted under this Article or any legally non-conforming structure that is damaged or partially destroyed by fire or other calamity. Such restoration shall be commenced within six months after such damage and diligently pursued to completion and shall bring the non-conforming structure into compliance with all provisions of this code to the greatest extent possible. A legally non-conforming structure that is completely destroyed or damaged by fire or other calamity or voluntarily razed or required by law to be razed, shall not be restored except in full conformance with all the provisions of this code.

(e)

Abandonment or discontinuance of legally non-conforming uses. When a legally non-conforming use is discontinued for a consecutive period of six months, the property involved may thereafter be used only for conforming purposes.

(Ord. No. 2011-15, 10-11-11; Ord. No. 2016-18, Att., 9-13-16)