(a)

Nonconforming use of land. In the F and R districts where open land is being used as a nonconforming use and such use is the principal use and not accessory to the main use conducted in a building, such use shall be discontinued not later than five years from the date of passage of this chapter. During the five-year period, such nonconforming use shall not be extended or enlarged either on the same or adjoining property. Any building incident and subordinate to such use of land, such as a shed, tool house, storage building, office, or trailer, shall be removed at the end of the five-year period, or, if such building is so constructed as to permit the issuance of a permit for a use not excluded from the district, such building may remain as a conforming use; thereafter, both land and building shall be used only as conforming uses. Such nonconforming uses of open land shall specifically include, but not be limited to, billboards, poster boards, automobile wrecking yards, scrap from and junk storage, trailer camps (unless they receive a conditional use permit), auction yards, contractor's yards, race tracks, stockyards, golf driving ranges, and miniature golf courses.

(b)

Nonconforming use of buildings. Except as otherwise provided herein, the lawful use of a building existing at the effective date of this chapter may be continued, although such use does not conform to the provisions hereof. If no structural alterations are made, a nonconforming use of a building may be changed to another restricted classification. Whenever a nonconforming use 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. The nonconforming use of a building may be extended throughout those parts of a building which were lawfully and manifestly arranged or designed for such use at the time of the enactment of this article.

(c)

Discontinuance of nonconforming uses. No building or portion thereof used in whole or in part for a nonconforming use in an "R" district which remains idle or unused for a continuous period of two years, whether or not the equipment or fixtures are removed, shall again be used except in conformity with the regulations of the "R" district in which it is located.

(d)

Destruction of a nonconforming use. No building which has been damaged by any cause whatsoever shall be restored except in conformity with the regulations of this chapter. If a building is damaged it may be repaired or reconstructed and used as before the time of damage, provided that such repairs or reconstruction be substantially completed within 12 months of the date of such damage.

(e)

Intermittent use. The casual intermittent, temporary, or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use on a part of a lot or tract and shall not be construed to establish a nonconforming use on the entire lot or tract.

(f)

Existence of a nonconforming use. Whether a conforming use exists shall be a question of fact and shall be decided by the zoning board of appeals after public notice and hearing and in accordance with the rules of the board.

(g)

Nonconforming uses not validated. A nonconforming use in violation of a provision of regulations which this chapter repeals shall not be validated by the adoption of this article.

(h)

Extension or expansion of nonconforming uses. Nonconforming uses may be extended or expanded only after public hearing before the zoning board of appeals and where such expansion would result in a nonconforming use being sought closer to conformance. Such expansions or extensions would include the addition to a building to provide accessory storage, where the storage was unenclosed on the premises and off-street parking either on the same lot or adjoining lots, where such off-street parking would meet the parking requirements of this chapter for the nonconforming use if it were conforming and where such off-street parking would eliminate, or reduce substantially, a serious traffic hazard in the streets abutting such nonconforming use. Expansion or extension of a nonconforming use shall not be granted if the only reason for such extension or expansion is for the sole purpose of perpetuating the nonconforming use.

(Ord. No. 1206, § 9-10-1, 2-24-1981)