The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Nonconforming use means the use of a building, structure, or land existing at the time of the enactment of the ordinance from which this chapter is derived, which does not conform to the regulations of the district in which it is located.

(Ord. No. 617, § XIII(A), 4-4-2006)

Nonconforming uses are regulated as follows:

(1)

They may be continued, provided the nonconforming use violates no other laws or ordinances.

(2)

They may be expanded or structurally altered, as hereinafter provided, unless located in an R-l, or R-2 district. A nonconforming use in an R-3, R-5, B-2, B-3, B-4 or B-5 district, which is a permitted use in a less restrictive district may be enlarged or changed by horizontal expansion upon, but not beyond, the tract or lot of record upon which it is located as of the date such a use becomes nonconforming; and any enlargement or expansion shall not encroach upon any open space upon such lot that would be required as a yard if the use were a conforming use in the district in which it is located.

(3)

They shall not be enlarged or expanded vertically except for the addition of cooling, heating, exhaust, or ventilating appurtenances or facilities.

(4)

If a nonconforming use or structure is damaged or destroyed to an extent of more than 60 percent of its fair market value, then any restoration or new construction shall be permitted only for a conforming use, unless a special use permit is granted to continue the nonconforming use.

(5)

If a nonconforming use is composed of a group of separate structures which are principal buildings, the percentage of damage or destruction shall be computed based on the fair market value of the entire development group and not the individual structure that was damaged.

(6)

If a nonconforming use of any structure or premises is voluntarily discontinued for a period of six months, the future use shall then conform to the requirements of the district in which it is located.

(7)

Special uses existing in a permitted district at the time of adoption of the ordinance from which this chapter is derived may expand upon the lot of record upon which it is located without a new special uses permit.

(Ord. No. 617, § XIII(B), 4-4-2006)