(1)

The lawful nonconforming use of a structure, land or water existing at the time of the adoption or amendment of the ordinance codified in this chapter may be continued although the use does not conform with the provisions of this chapter; however:

(2)

Only that portion of the land or water in actual use may be so continued and the nonconforming use may not be extended, enlarged, substituted or moved, except when required to do so by law or order or so as to comply with the provisions of this chapter.

(3)

Substitution of new equipment may be permitted by the Board of Appeals if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.

(Ord. No. 14-05, §§ 1, 2, 2014.)

(1)

If such nonconforming use is discontinued or terminated for a period of 12 consecutive months or 18 cumulative months within a consecutive 36-month period, any future use of the structure, land or water, shall conform to the provisions of this chapter.

(2)

When a nonconforming structure is damaged by fire, explosion, flood or other calamity, to the extent of more than 50% of its current equalized value, it shall not be restored except so as to comply with the use provisions of this chapter.

(3)

Once a nonconforming use or structure has been changed or altered so as to comply with the provisions of this chapter, it shall not revert back to a nonconforming use or structure. Once the Board of Appeals has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use the substituted use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the Board.

(4)

A current file of all known nonconforming uses and structures shall be maintained by the Zoning Administrator listing the following: property location, use of the structure, land, or water; and the date that the structure or use became nonconforming.

(Ord. No. 14-05, §§ 1, 2, 2014.)

(1)

The use of a structure existing at the time of the adoption or amendment of the ordinance codified in this chapter may be continued although the structure's size or location does not conform with the established building setback line along streets or the yard, height, parking, loading, access and lot area provisions of this chapter.

(2)

Additions and enlargements to existing nonconforming structures are permitted and shall conform with the established building setback lines along streets and the yard, height, parking, loading and access provisions of this chapter. The provisions of this section with respect to additions or enlargements are applicable only if the lot or parcel conforms with the existing sanitary code requirements or is served by a public sanitary sewer.

(3)

Repairs, maintenance, renovation, or remodeling of a nonconforming structure are permitted and shall conform with the established building setback lines along streets and the yard, height, parking, loading and access provisions of this chapter.

(4)

Existing nonconforming structures which are damaged or destroyed by fire, explosion, flood or other calamity, may be reconstructed and insofar as is practicable shall conform with the established building setback lines along streets and the yard, height, parking, loading and access provisions of this chapter. The provisions of this section, with respect to reconstruction, are applicable only if the lot or parcel conforms with the existing sanitary code requirements or is served by public sanitary sewer.

(5)

Existing nonconforming structures which are destroyed may be larger than the size it was immediately before the damage or destruction if necessary for the structure to comply with applicable state or federal requirements.

(6)

Existing nonconforming structures may be moved and, insofar as is practicable, shall conform with the established building setback lines along street and the yard, height, parking, loading and access provisions of this chapter. The provisions of this section, with respect to moving, are applicable only if the lot or parcel conforms with the existing sanitary code requirements or is served by public sanitary sewer.

(7)

Substitution of new equipment may be permitted by the Board of Appeals if such equipment will reduce the incompatibility of the nonconforming structure with the neighboring uses.

(8)

Conforming Conditional Uses. See Section 17.14-5 for uses existing at the effective date of the ordinance codified in this chapter, which would be classified as conditional uses under this chapter.

(9)

A nonconforming structure may be restored to the size, location, and use it had immediately before the damage or destruction provided that:

(a)

The damage or destruction occurred on or before March 2, 2006, and

(b)

The damage or destruction was caused by violent wind, vandalism, fire, flood, ice, snow, mold, or infestation.

(Ord. No. 14-05, §§ 1, 2, 2014.)

Once a nonconforming use has been changed to a conforming use or a nonconforming structure has been altered so as to comply with the yard, height, parking, loading and access provisions of this chapter, it shall not revert back to a nonconforming use or nonconforming structure. Once the Board of Appeals has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the substituted use shall become subject to all the conditions required by the Board.

(Ord. No. 14-05, §§ 1, 2, 2014.)