Any use of property legally existing on the effective date of the ordinance from which this chapter is derived that does not conform to the use and district regulations, and regulations for adult entertainment establishments, height, area, bulk and development standards, signs, and off-street parking and loading prescribed in articles II, IV, V, VI, XII, XIII or XIV of this chapter shall be deemed a nonconforming use, except that any legally existing single-family, duplex or apartment use existing at the time of passage of the ordinance from which this chapter is derived shall be thereafter deemed a conforming use.

(Ord. No. 2006-14, § 17-36, 7-11-2006)

The lawful use of land existing at the time of the passage of the ordinance from which this chapter is derived, although such does not conform to the provisions thereof, may be continued, but if said nonconforming use is terminated, discontinued, and remains unused as the use that made the premises a nonconforming use for a period of time in excess of six months, any future use of said premises shall be in conformity with the provisions of this chapter. Where a nonconforming use is terminated, all nonconforming rights shall cease and the use of the premises shall thereafter conform to the zoning requirements for the premises.

(Ord. No. 2006-14, § 17-37, 7-11-2006)

The lawful use of the building at the time of the passage of the ordinance from which this chapter is derived may be continued, although such does not conform to the provisions hereof, and such use may be extended throughout the building provided not a structural alteration except those required by law or ordinance are made therein. Upon approval of the building inspector, off-street loading or off-street parking spaces are allowed to be added on the lot where the nonconforming use exists. If no structural alterations are made, a nonconforming use of the same or more restricted classification by securing a special use permit; provided, however, that in the event a nonconforming use of a building is once changed to a nonconforming use of a higher or more restricted classification, it shall not later be reverted to the former lower or less restricted classification. Any nonconforming use may be changed to a conforming use, and once such change is made, the use shall not thereafter be changed back to a nonconforming use.

(Ord. No. 2006-14, § 17-38, 7-11-2006)

The right of nonconforming use to continue shall be subject to such regulations as to maintenance of the premises and conditions of operation as may be, in the judgment of the board of adjustments and appeals, reasonably required for the protection of adjacent property.

(Ord. No. 2006-14, § 17-39, 7-11-2006)

A nonconforming use shall not be extended or rebuilt in case of obsolescence or total destruction by fire or other cause. In case of partial destruction by fire or other causes, not exceeding 50 percent of its value, the building inspector shall issue a permit for reconstruction. If destruction is greater than 50 percent and less than the total value, the board of adjustments and appeals, may grant a permit for repair after public hearing and having due regard for the property rights of the persons affected when considered in light of the public welfare and the character of the area surrounding the designated nonconforming use.

(Ord. No. 2006-14, § 17-40, 7-11-2006)

A violation of this chapter and a request for a nonconforming designation or request for relief under this designation shall not create an estoppel of the trial of any lawsuit which may be filed in court.

(Ord. No. 2006-14, § 17-41, 7-11-2006)