In a residence district the nonconforming use of open land which is not accessory to the main use conducted in a building, shall be discontinued not later than two years from the date of passage of this chapter. During the two-year period, such nonconforming use shall not be extended or enlarged. Such nonconforming uses of open land shall specifically include billboards, automobile wrecking yards, storage of scrap iron and junk, trailer camps, auction yards, contractor's yards, stockyards, golf-driving ranges and miniature golf courses. Any building or structure incident to such use of land, including but not limited to a shed, tool house, storage building, office or trailer, shall be removed at the end of the two-year period, or, if such building or structure qualifies for the issuance of a permit for a use permitted in the district, such building or structure may remain as a conforming use; thereafter, both land and building or structure shall be used only in conformity with the use regulations of the district.

The lawful use of a building existing at the time of adoption of this chapter may be continued, although such use does not conform with the provisions of this chapter, and such use may be extended throughout the building; providing that no structural alterations except those required by law or ordinance are made therein. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classifications. The foregoing provisions shall also apply to nonconforming uses in districts hereafter changed. Whenever a nonconforming use of a building has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.

No building which has been damaged by fire, explosion, act of God or the public enemy, to the extent of more than 60 percent of its market value, shall be restored except in conformity with the regulations of this chapter.

No building or portion thereof, used in whole or in part, for a nonconforming use which remains idle or unused for a continuous period of six months, whether or not the equipment or fixtures are removed, shall again be used except in conformity with the use regulations of the district in which such building is located.

(Ord. No. 2000-3078, 5-23-00)

No existing building or premises devoted to a use not permitted by this chapter in the district in which such building or premises is located, except when required to do so by law or ordinance, shall be enlarged, extended, reconstructed or structurally altered, unless such use is changed to one permitted in the district in which such building or premises is located.

Any business establishment in the C-2 Commercial District that owns or operates no more than one vehicle with a gross weight in excess of 10,000 pounds, in use prior to March 1, 1981 in conjunction with the business operated therein, shall be permitted to continue to use said vehicle or to replace it with the same or similar type vehicle of the same or lesser weight but not greater weight. The said vehicle must be parked in the required rear yard and screened from the public street and adjoining property by a wall of appropriate material or a planting of trees or shrubs or placed in a garage. Any person, firm or corporation owning and operating such type of vehicle on March 1, 1981 and used in conjunction with said business as above provided shall apply to the Director of Public Works for a nonconforming use permit. There shall be no cost for such permit. The time for filing for such nonconforming use permit shall lapse sixty (60) days after April 1, 1981 and thereafter no nonconforming use permit shall be issued.

Any lot which was lawfully created and recorded prior to the enactment or amendment of this ordinance, but does not meet the minimum size and/or dimension requirements of the zoning district in which it is located shall be considered a legal nonconforming lot of record. A legal nonconforming lot of record may be used, conveyed, or sold the same as if it were a conforming lot.

(Ord. No. 92-2579, 11-24-92)