The following provision shall apply to continuation of nonconforming uses:

(1)

If, at the time of enactment of the ordinance from which this chapter is derived, any legal activity which is being pursued, or any lot or structure legally utilized in a manner or for a purpose which does not conform to the provisions of this chapter, such manner of use or purpose may be continued as provided in this article.

(2)

If any change in title or possession or renewal of a lease of any such lot or structure occurs, the use existing may be continued.

(3)

If any nonconforming use, structure, or activity is discontinued for a period exceeding two years after the enactment of the ordinance from which this chapter is derived, it shall be deemed abandoned and any subsequent use shall conform to the requirements of this chapter.

(4)

Whenever a nonconforming structure, lot, or activity has been changed to a more limited nonconforming use, such existing use may only be changed to an even more limited use.

(5)

Temporary seasonal nonconforming uses that have been in continual operation for a period of two years or more prior to the effective date of the ordinance from which this chapter is derived are excluded.

(Ord. No. 09-01, 3-5-2009)

Permits of nonconforming uses will be issued within 60 days of adoption of this chapter. The construction or use of a nonconforming building or land area for which a permit was issued legally prior to the adoption of the ordinance from which this chapter is derived may proceed, provided such building is completed within one year or such use of land established within 30 days after the date this chapter becomes effective.

(Ord. No. 09-01, 3-5-2009)

On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive month on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing to an extent not exceeding ten percent of the current replacement value of the structure; provided, that the cubic content of the structure as it existed at the time of passage or amendment of this chapter shall not be increased. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting the public safety upon order of such official.

(Ord. No. 09-01, 3-5-2009)

Whenever the boundaries of a district are changed, any uses of land or buildings which become nonconforming as a result of such change shall become subject to the provisions of this article.

(Ord. No. 09-01, 3-5-2009)

(a)

A nonconforming structure, use, or building shall not be extended, enlarged, reconstructed, or replaced.

(b)

A nonconforming activity may be extended within any part of a structure which was arranged or designed for such activity at the time of enactment of this chapter.

(Ord. No. 09-01, 3-5-2009)

Any lot of record at the time of the adoption of this chapter which is less in area or width than the minimum required by this chapter may be used when the requirements regarding setbacks, side and rear yards are met.

(Ord. No. 09-01, 3-5-2009)

(a)

If a nonconforming activity is destroyed or damaged in any manner to the extent that the cost of restoration to its condition before the occurrence shall exceed 50 percent of the cost of reconstructing the entire activity or structure, it shall be restored only if such use complies with the requirements of this chapter.

(b)

If a nonconforming structure is destroyed or damaged in any manner to the extent that the cost of restoration to its condition before the occurrence shall exceed 75 percent of the cost of reconstructing the entire structure, it shall be restored only if it complies with the requirements of this chapter.

(c)

Where a conforming structure devoted to nonconforming activity is damaged less than 50 percent of the cost of reconstructing the entire structure, or where a nonconforming structure is damaged less than 75 percent of the cost of reconstructing the entire structure, either may be repaired or restored, provided any such repair or restoration is started within 12 months and completed within 18 months from the date of partial destruction.

(d)

The cost of land or any factors other than the cost of the structure are excluded in the determination of cost of restoration for any structure or activity devoted to a nonconforming use.

(Ord. No. 09-01, 3-5-2009)

Single-family homes existing at the time of the adoption of this chapter shall be considered for purposes of repair, maintenance, alteration, or expansion to be a conforming use in all zoning districts.

(Ord. No. 09-01, 3-5-2009)