A nonconforming building or structure existing at the time of adoption of the ordinance from which this division is derived may be continued and maintained except as otherwise provided in this section.

(1)

Alteration or enlargement of buildings and structures. A nonconforming building or structure shall not be added to or enlarged in any manner unless said building or structure, including additions and enlargements, is made to conform to all of the regulations of the district in which it is located; provided, however, that if a building or structure is conforming as to use, but nonconforming as to yards or height or off-street parking space, said building or structure may be enlarged or added to provided that the enlargement or addition complies with the yard and height and off-street parking requirements of the district in which said building or structure is located. No nonconforming building or structure shall be moved in whole or in part of another location on the lot unless every portion of said building or structure is made to conform to all of the regulations of the district in which it is located.

(2)

Restoration of damaged building. A nonconforming building or structure which is damaged or partially destroyed by fire, flood, wind, earthquake or other calamity or act of God or the public enemy, to the extent of not more than 50 percent of its value, exclusive of foundations, may be restored and the occupancy or use of such building, structure or part thereof, which existed at the time of such partial destruction, may be continued or resumed, provided that such restoration is prosecuted to completion. In the event such damage or destruction exceeds 50 percent of the value, exclusive of foundation of such nonconforming building or structure, no repairs or reconstruction shall be made unless every portion of such building or structure is made to conform to all regulations for new buildings in the district in which it is located, except as provided in section 20-214(2)d; provided, however, that any building or structure that is nonconforming due to off-street parking requirements, and is conforming in every other respect, may be restored regardless of the extent of damage.

(3)

Building vacancy. A nonconforming building, structure, or portion thereof, which is or hereafter becomes vacant and remains unoccupied as to its use for a continuous period of one year, shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located. An indication of being vacant and unoccupied could include, but shall not be limited to, not having utility services.

(4)

Change in use. A nonconforming use of a conforming building or structure (i.e., commercial use in a dwelling, etc.) shall not be expanded or extended into any other portion of such conforming building or structure or changed except to a conforming use. If such a nonconforming use of a portion thereof is discontinued or changed to a conforming use, any future use of such building, structure, or portion thereof shall be in conformity with the regulations of the district in which such building or structure is located. A vacant or partially vacant nonconforming building or structure may be occupied by a use for which the building or structure was designed or intended if occupied within a period of one year after the effective date of the ordinance from which this division is derived.

(Code 1984, § 20-181; Ord. No. 3080, Art. VI, § 1, 11-16-1993)

(a)

A nonconforming use of land, where the aggregate value of all permanent buildings or structures is less than $2,000.00, existing at the time of adoption of this division, may be continued for a period of not more than three years therefrom; however:

(1)

Such nonconforming use may not be extended or expanded.

(2)

If such nonconforming use or any portion thereof is discontinued for a period of one month, or changed, any future use of such land, or change in use, shall be in conformity with the provisions of the district in which such land is located.

(b)

A nonconforming use of land existing at the time of the adoption of the ordinance from which this section is derived which consists of a mobile home or manufactured housing unit not being located in a mobile home park or in an R1-R2/MH zoning district may be continued, however:

(1)

Said nonconforming use may not be changed, extended, or expanded.

(2)

If said nonconforming use or any portion thereof is abandoned, discontinued for one month or more, or removed from the lot or parcel, then any future use of the land shall be in conformity with the regulations and provisions of the district in which said land is located and the land may no longer be used for mobile homes or manufactured housing.

(Code 1984, § 20-182; Ord. No. 3080, Art. VI, § 1, 11-16-1993; Ord. No. 3304, § 3, 2-3-1998)