1.

Uses of buildings and premises existing on the effective date of the ordinance from which this section is derived or on the effective date of any amendment of said ordinance which are not in conformity with the provisions of this chapter may be continued as a nonconforming use subject to the terms and provisions of this section.

2.

If a nonconforming use is discontinued for 12 consecutive months, any future use of the buildings, structure or property shall conform to this section.

3.

a.

If the landowner can establish that a nonconforming structure has been destroyed or damaged by violent wind, vandalism, fire or flood, the structure may be reconstructed or repaired to the size, location and the use it had immediately before the damage occurred; provided, however, that said structure is not damaged due to a deliberate act by the landowner or his agent or due to the general deterioration or dilapidated condition of the structure.

b.

The landowner shall bear the burden of proof as to the size, location and the use the destroyed or damaged nonconforming structure had immediately before the destruction or damage occurred.

c.

Repairs are authorized under this section only to the extent that they are necessary to repair the specific damage caused by violent wind, vandalism, fire or flood damage and only that portion of the nonconforming structure destroyed may be reconstructed.

(Code 1997, § 17.06; Ord. No. 1-98, § 17.06, 3-4-1998)