Within the districts established by this chapter, as amended from time to time, there exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this chapter was adopted or amended, but which would be prohibited, regulated or restricted under the terms of this chapter or future amendments. It is the intent of this chapter to permit these nonconformities to continue until they are removed or become subject to this chapter that nonconformities shall not be enlarged upon, expanded, intensified or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

(Ord. of 3-20-2006)

To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans of any building or structure that has been duly permitted prior to the effective date of the resolution from which this chapter is derived.

(Ord. of 3-20-2006)

Nonconforming legally existing lot uses and buildings may be continued or occupied except that they may not be:

(1)

Changed to another nonconforming use or usage classification.

(2)

Extended or enlarged.

(3)

Reestablished after discontinued for six months.

(4)

Continued unless properly registered or exempted as provided in this article.

(Ord. of 3-20-2006)

When a nonconforming structure is razed or destroyed by fire, or when it is proposed that work be performed on such structure such that more than 50 percent of the value of the structure is involved in such destruction or reconstruction, then the structure shall be brought into compliance with the requirements of the district in which it is located.

(Ord. of 3-20-2006)

To have the benefit of this article allowing the continuance of nonconforming uses and structures, it shall be necessary that the property owner of each such nonconforming use and/or structure register that use and/or structure with the planning and zoning commission within one year of the date of the resolution from which this chapter is derived and renew such registration on an annual basis. Required registration shall be effected by submitting to the planning and zoning commission, upon such forms as provided by them, a description of the existing nonconforming use and payment on an annual basis of the registration fee in an amount found in the schedule of fees and charges. The following nonconforming uses and/or structures are not required to submit to such registration because such uses are already evidenced on an annual basis by other means:

(1)

A commercial use if the structure is taxed as a realty item with record thereof in the office of the tax assessors or the use has had issued to it a federal tax identification number and/or a state sales tax number;

(2)

Residential uses involving a manufactured home if the proper annual decal is affixed, taxes paid, and the unit contains not less than 400 square feet; or

(3)

Residential uses that comply with applicable health and safety codes, contain more than 400 square feet and are listed and taxed as realty items in the office of the tax assessors.

(Ord. of 3-20-2006)

Any nonconforming building or any building containing a nonconforming use, which has been damaged by fire or other causes, may be reconstructed and used as before, if it is done within one year of this damage, unless such building or structure has been declared by the building inspector to have been damaged to an extent exceeding 60 percent of its then reproducible value, in which case any repair, reconstruction or use shall be in conformity with the provisions of this chapter.

(Ord. of 3-20-2006)