In the residential districts where open land is being used as a nonconforming use, and such use is the principal use and not accessory to the main use conducted in a building, such use shall be discontinued not later than two years from the date of passage of the ordinance from which this chapter is derived. During the two-year period, such nonconforming use shall not be extended or enlarged, either on the same or adjoining property. Any building incident and subordinate to such use of land, such as a shed, toolhouse, storage building, office or trailer, shall be removed at the end of the two-year period, or, if such building is so constructed as to permit the issuance of a permit for a use not excluded from the district, such building may remain as a conforming use; thereafter, both land and building shall be used only as conforming uses.

(Ord. No. 1787-2019, art. II, § 4B(6)(a), 2-11-2019)

Except as otherwise provided herein, the lawful use of a building existing at the effective date of the ordinance from which this chapter is derived may be continued although such use does not conform to the provisions hereof. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or of a more restricted classification. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use. The nonconforming use of a building may be hereafter extended throughout those parts of a building which were lawfully and manifestly arranged or designed for such use at the time of the enactment of the ordinance from which this chapter is derived.

(Ord. No. 1787-2019, art. II, § 4B(6)(b), 2-11-2019)

No building or portion thereof used, in whole or in part, for a nonconforming use in a residential district, which remains idle or unused for a continuous period of one year, whether or not the equipment or fixtures are removed, shall again be used except in conformity with the regulations of the residential district in which it is located.

(Ord. No. 1787-2019, art. II, § 4B(6)(c), 2-11-2019)

No building which has been damaged by any cause whatsoever to the extent of more than 50 percent of the fair market value of the building immediately prior to damage, shall be restored except in conformity with the regulations of this division, and all rights as a nonconforming use are terminated. If a building is damaged by less than 50 percent of the fair market value, it may be repaired or reconstructed and used as before the time of damage, provided that such repairs or reconstruction be substantially completed within 12 months of the date of such damage.

(Ord. No. 1787-2019, art. II, § 4B(6)(d), 2-11-2019)

All advertising signs in violation of the provisions of article V of this chapter shall be removed and the signs shall be brought into conformity with all requirements of article V of this chapter on or before a date not later than five years from the effective date of the ordinance from which this chapter is derived.

(Ord. No. 1787-2019, art. II, § 4B(6)(e), 2-11-2019)

Existing uses eligible for conditional use permits shall not be nonconforming uses but shall require a conditional use permit for any alteration, enlargement, or extension.

(Ord. No. 1787-2019, art. II, § 4B(6)(f), 2-11-2019)

The casual, intermittent, temporary, or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use and the existence of a nonconforming use on the part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.

(Ord. No. 1787-2019, art. II, § 4B(6)(g), 2-11-2019)

Whether a nonconforming use exists shall be a question of fact and shall be decided by the board of appeals after public notice and hearing and in accordance with the rules of the board.

(Ord. No. 1787-2019, art. II, § 4B(6)(h), 2-11-2019)

Medical marijuana related uses and facilities, as defined in this chapter, shall meet the following standards in addition to all other zoning requirements in order to operate within the city:

(1)

Location restrictions.

a.

No medical marijuana related uses shall be operated or maintained within 100 feet of any school, child daycare center, church, public library or public park.

b.

No medical marijuana related uses shall be operated or maintained within 100 feet of any establishment licensed under this Code to sell liquor by the drink.

c.

The distance limitations in subsections (1)a and b of this section shall be measured as follows:

1.

In the case of a freestanding facility, the distance between the facility and the school, child daycare center, church, public library or public park shall be measured from the property line of the facility to the closest point of the school, child daycare center, church, public library or public park;

2.

In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, child daycare center, church, public library or public park shall be measured from the property line of the school, child daycare center, church, public library or public park to the facility's entrance or exit closest in proximity to the school, child daycare center, church, public library or public park.

(2)

Nuisance. No medical marijuana related use or facility, as defined in this chapter, shall emit an odor or in any way cause a public nuisance as set forth in the city ordinances. Appropriate ventilation systems to prevent any odor of marijuana or fumes from leaving the premises or other changes to the facilities can be required if a public nuisance violation occurs.

(3)

Hours of operation. No medical marijuana related use or facility, as defined in this chapter, shall be open to the public or make any sales between the hours of 10:00 p.m. and 8:00 a.m.

(Ord. No. 1793-2019, § 3, 5-13-2019)