Sec. 16.01. Except where specifically provided to the contrary and subject to the provisions of this Chapter, the lawful use of any building or structure or of any land or premises which is existing and lawful on the effective date of this Ordinance, or in the case of an amendment of this Ordinance, then on the effective date of such amendment, may be continued although such use does not conform with the provisions of this Ordinance or any amendment thereto. In addition, except where specifically provided to the contrary and subject to the provisions of this Chapter, a building or structure which is existing and lawful on the effective date of this Ordinance, or, in the case of an amendment of this Ordinance, then on the effective date of such amendment, may be maintained and continued although such building or structure does not conform with the provisions of this Ordinance or any amendment thereto.

Sec. 16.02. 

(a)

Structures, buildings or uses nonconforming by reason of height, area and/or parking and loading space provisions only may be extended, enlarged, altered, remodeled or modernized provided:

(1)

There is compliance with all height, area, and/or parking and loading provisions with respect to such extensions, enlargements, alteration, remodeling or modernization; and

(2)

The Zoning Inspector shall determine that such alteration, remodeling, or modernization will not substantially extend the life of any nonconforming building or structure. Any use of a building or structure which is nonconforming by reason of parking and loading provisions which is thereafter made conforming or less nonconforming by the addition of parking and/or loading space shall not thereafter be permitted to use such additionally required parking and/or loading space to meet requirements for any extension, enlargement, or change of use which requires greater areas for parking and/or loading space.

(b)

No nonconforming use of any building or structure or of any land or premises which is nonconforming for reasons other than height, area and/or parking and loading space provisions shall hereafter be extended or enlarged:

(1)

Unless all extensions or enlargements do not exceed 50% of the area of the original nonconforming use;

(2)

Unless such extensions or enlargement is authorized by the Planning Commission as a special use.

(c)

In considering such authorization, the Planning Commission shall consider the following standards:

(1)

Whether the extension or enlargement will substantially extend the probable duration of such nonconforming use; and

(2)

Whether the extension or enlargement will interfere with the use of other properties in the surrounding neighborhood for the uses for which they have been zoned or with the use of such other properties in compliance with the provisions of this Ordinance.

(Amend. of 3-6-1980; Ord. No. 29, 9-2-1993)

Sec. 16.03. 

(a)

In the event any nonconforming building or structure shall be damaged by fire, collapse, explosion or acts of God or of the public enemy, following the effective date of this Ordinance, wherein the expense of restoring, reconstructing or repairing of said building or structure does not exceed 50% of the fair value of said building or structure at the time said damage occurred, said building or structure may be so reconstructed, repaired or restored, and its nonconforming use continued; provided that said restoration, reconstruction and repair shall be commenced within six months after such destruction occurred and shall then be prosecuted with reasonable diligence and completed without undue delay. Any such building or structure wholly so destroyed or damaged, or so damaged to an extent greater than 50% thereof, and its repairs, restoration or reconstruction is unduly delayed, such building and premises shall thereafter not be used for any purpose except as shall conform to the terms and provisions of this Ordinance.

(b)

Single family dwelling units and their accessory buildings, including farm buildings located in the C, D, and E Commercial Zoning Districts and I, Industrial Zoning District which are damaged or destroyed by any means, regardless of the extent of damage or destruction, are exempt from the requirements of Section 16.03(a); provided that such dwelling units and their accessory buildings are reconstructed or repaired in such a manner which will not increase the extent of the non-conformity which existed prior to the damage or destruction. Buildings and structures replaced or restored under the provisions of this subsection, must be set back from the lot lines by at least the same distance or a greater distance and shall not be increased in square footage.

(Ord. No. 29, 9-2-1993)

Sec. 16.04. The nonconforming use of a building or structure or of any land or premises shall not be:

(a)

Changed to any other nonconforming use;

(b)

Reestablished after discontinuance, vacancy, lack of operation or otherwise for a period of 12 months;

(c)

Reestablished after it has been changed to a conforming use.

Sec. 16.05. Any building or structure shall be considered existing and lawful and for purposes of Section 16.01 have been in use for the purpose for which constructed if on the effective date of this Ordinance, a building permit has been obtained therefor, if required, or, if no building permit is required, a substantial start has been made toward construction and construction is thereafter pursued diligently to conclusion.

Sec. 16.06. Nothing in this chapter shall be interpreted as authorization for or approval of the continuance of the use of a structure, land or premises in violation of zoning regulations in effect at the time of the effective date of this Ordinance.

Sec. 16.07. The foregoing provisions of this Chapter shall also apply to buildings, structures, lands and uses which hereafter become nonconforming due to the reclassification or subsequent change in the District under this Ordinance or the regulations of this Ordinance.