(a)

If at the time of enactment of this chapter, any legal activity is being pursued, or any lot or structure is being legally utilized in a manner or for the purpose which does not conform to the provisions of this chapter, such manner of use or purpose may by continued as herein provided.

(b)

If any change in title of possession, or renewal of lease of any such lot or structure occurs, the use existing may be continued.

(c)

If any nonconforming use (structure or activity) is discontinued for a period exceeding two years after the enactment of this chapter, it shall be deemed abandoned and any subsequent use shall conform to the requirements of this chapter. Intent to resume active operations shall not affect the foregoing.

(d)

Temporary seasonal nonconforming uses that have been in continual operation for a period of two years or more prior to the effective date of this chapter may be continued as herein provided.

(e)

All dwellings and their accessory structures erected prior to the enactment of the ordinance from which this chapter is derived shall be exempt as to area, setback, frontage and yard regulations if their present owners so desire.

(Comp. Ords., § 24.10)

(a)

All nonconforming uses shall be issued a zoning permit and a certificate of occupancy within 180 days after the adoption of this chapter.

(b)

The construction or use of a nonconforming building or land area for which a permit was issued legally prior to the adoption of the ordinance from which this chapter is derived may proceed, provided such building is completed within one year, or such use of land established within 30 days after the effective date of the ordinance from which this chapter is derived.

(c)

The following permits will expire one-year from the date of approval if not implemented. Non-implemented permits must be renewed within 30 days of the expiration. Non-implemented permits that have expired are null and void and a new permit must be obtained. This section applies to:

(1)

Zoning permits.

(2)

Variances and special exceptions permits.

(3)

Signage permit.

(4)

Nonconforming zoning permits.

(5)

Certificate of occupancy.

(Comp. Ords., § 24.10; Amend. of 12-9-2014(1) )

On any building in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of non-bearing walls, fixtures, wiring, or plumbing, to an extent not exceeding ten percent of the current replacement value of the structure provided that the cubic content of the structure as it existed at the time of passage or amendment of this chapter shall not be increased. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

(Comp. Ords., § 24.10)

Whenever the boundaries of a district are changed, any uses of land or buildings which become nonconforming as a result of such change shall become subject to the provisions of this section.

(Comp. Ords., § 24.10)

(a)

A nonconforming structure to be extended or enlarged shall conform with the provision of this chapter.

(b)

A nonconforming activity may be extended throughout any part of a structure which was arranged or designed for such activity at the time of enactment of the ordinance from which this chapter is derived.

(Comp. Ords., § 24.10)

Any lot of record at the time of the adoption of the ordinance from which this chapter is derived which is less in area or width than the minimum required by this chapter may be used provided a showing of unnecessary and undue hardship would result if a variance is not granted from the board of zoning appeals.

(Comp. Ords., § 24.10)

(a)

If a nonconforming activity is destroyed or damaged in any manner to the extent that the cost of restoration to its condition before the occurrence shall exceed 50 percent of the cost of reconstructing the entire activity or structure, it shall be restored only if such use complies with the requirements of this chapter.

(b)

If a nonconforming structure is destroyed or damaged in any manner to the extent that the cost of restoration to its condition before the occurrence shall exceed 75 percent of the cost of reconstructing the entire structure, it shall be restored only if it complies with the requirements of this chapter.

(c)

When a nonconforming structure devoted to a nonconforming activity is damaged less than 50 percent of the cost of reconstructing the entire structure, or where a nonconforming structure is damaged less than 75 percent of the cost of reconstructing the entire structure, either may be repaired or restored, provided any such repair or restoration is started within 12 months and completed within 18 months from the date of partial destruction.

(d)

The cost of land or any factors other than the cost of the structure are excluded in the determination of cost of restoration for any structure or activity devoted to a nonconforming use.

(e)

Nothing in this chapter shall require any change in the plans or construction of any building or structure for which any required permit from appropriate local authority was granted, provided that such construction must commence within 30 calendar days after the effective date of the ordinance from which this chapter is derived and must be completed within a period of one year after construction is initiated. Excavation or site preparation in contemplation of construction shall not satisfy the provisions of this section. Where the placement of manufactured housing unit is involved, placement must occur as specified by permit within 30 days of the effective date of this chapter. Where the expansion of an existing manufactured housing or mobile home park is involved, or where a new manufactured housing or mobile home park is involved, at least three such units must be placed as permitted within 30 days of the effective date of the ordinance from which this chapter is derived. Failure to comply with the provisions of this section within the period specified shall void all permits which may have been issued hereto, and all uses or activities shall be governed by the provisions of this chapter.

(Comp. Ords., § 24.10)