(a)

Any lawfully established use of a building or land, on the effective date of the ordinance from which this chapter is derived or of amendments thereto, that does not conform to the use regulations for the district in which it is located, shall be deemed to be a legal nonconforming use and may be continued, except as otherwise provided in this article.

(b)

Any legal, nonconforming building or structure may be continued in use provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted herein.

(c)

Any building for which a permit has been lawfully granted prior to the effective date of the ordinance from which this chapter is derived or of amendments thereto, may be completed in accordance with the approved plans provided that construction is started within 90 days and diligently prosecuted to completion. The building shall thereafter be deemed a lawfully established building.

(Ord. No. 2-12-2003, § 13.01, 2-12-2003)

(a)

Whenever any part of a building, structure or land occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this chapter, such premises shall not thereafter be used or occupied by a nonconforming use even though the building may have been originally designed and constructed for the prior nonconforming use.

(b)

When a nonconforming use of a building or structure or part thereof has been discontinued for a period of 12 consecutive months or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not be re-established after being discontinued or abandoned and the use of the premises thereafter shall be in conformity with the regulations of the district as provided in this chapter.

(c)

If no enclosed building is involved, discontinuance of a nonconforming use for a period of six months shall constitute abandonment and shall not thereafter be used in a nonconforming manner.

(d)

A nonconforming use not authorized by the provisions of this chapter in effect at the time the amendatory ordinance becomes effective shall be discontinued and not re-established, except when the provisions of the amendatory ordinance find the use to be conforming to the district in which it is then located.

(Ord. No. 2-12-2003, § 13.02, 2-12-2003)

A nonconforming use of a building or structure or part thereof may be changed to a use of the same or of a more restricted character but may not thereafter be changed to any less restricted use. No part of a building, structure or land occupied by a nonconforming use which is changed to or replaced by a use conforming to the provisions of this article shall thereafter be used or occupied for a nonconforming use.

(Ord. No. 2-12-2003, § 13.03, 2-12-2003)

The period of time during which the following nonconforming uses of buildings, structures or land may continue or remain shall be limited from the effective date of the ordinance from which this chapter is derived or amendment hereto that causes the use to be nonconforming. Every such nonconforming use shall be completely removed from the premises at the expiration of the period of time specified below.

(1)

Any nonconforming use of a building or structure having an assessed valuation not in excess of $500.00 on the effective date of the ordinance from which this chapter is derived shall be removed after two years.

(2)

Any nonconforming use of land where no enclosed building is involved or where the use is maintained in connection with a conforming building shall be removed after a period of two years.

(3)

All nonconforming signs, billboards and outdoor advertising structures shall be removed after a period of three years.

(Ord. No. 2-12-2003, § 13.04, 2-12-2003)

(a)

If a building or other structure containing a nonconforming use is damaged or destroyed by any means to the extent of 50 percent or more of its replacement value at that time, the building or other structure can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the district in which it is located.

(b)

If the damage or destruction is less than 50 percent of its replacement value, based upon prevailing costs, the building may be restored to its original condition and the occupancy or use of the building may be continued as it existed at the time of the partial destruction.

(c)

If restoration or repair is permitted under this article, the restoration of the building or other structure must be started within a period of six months from the date of damage or destruction and diligently prosecuted to completion, and completion shall be within one year from the date of damage. If not completed within one year, the use shall be deemed abandoned.

(Ord. No. 2-12-2003, § 13.06, 2-12-2003)

(a)

Normal maintenance of a building or other structure containing a nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations that do not extend or intensify the nonconforming use.

(b)

No structural alteration shall be made in a building or other structure containing a nonconforming use except when the alteration is required by law or when the alteration will actually result in eliminating the nonconforming use.

(c)

A building in a residential district containing residential nonconforming uses may be altered in any way to improve livability, provided no structural alterations shall be made that would increase the number of dwelling units or the bulk of the building.

(Ord. No. 2-12-2003, § 13.05, 2-12-2003)

(a)

A nonconforming building may be enlarged or extended only if the entire building is thereafter devoted to a conforming use, and is made to conform to all regulations of the district in which it is located.

(b)

No building partially occupied by a nonconforming use shall be altered to permit the enlargement or expansion of the space occupied by the nonconforming use.

(c)

No nonconforming use may be enlarged or extended to occupy any required useable open space or any land beyond the boundaries of the zoning lot as it existed on the effective date of the ordinance from which this chapter is derived, or to displace any conforming use in the same building or on the same parcel.

(Ord. No. 2-12-2003, § 13.07, 2-12-2003)

Whenever the boundaries of a use district shall be changed so as to transfer an area from one use district to another use district of a different classification, the provisions of this article shall also apply to any nonconforming uses existing therein.

(Ord. No. 2-12-2003, § 13.08, 2-12-2003)