A nonconforming use of land existing lawfully at the time of the passage of the ordinance from which this title is derived may be continued, but shall not be extended, expanded or enlarged.

(Ord. No. 4.414, § 1, 1-22-2018)

A nonconforming use of a lot containing no permanent building designated for a nonconforming use shall not be continued beyond the period ending two years from the adoption of the ordinance from which this title is derived.

(Ord. No. 4.414, § 1, 1-22-2018)

The lawful use of a building existing at the time of the passage of the ordinance from which this title is derived may be continued, although such use does not conform to the provisions hereof, and such use may be extended throughout such portions of the building as are arranged or designed for such use, provided 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 classification. If such nonconforming building is removed, the future use of such premises shall be in conformity with the provisions of this title.

(a)

When a nonconforming use has been discontinued for six months or more, it shall not be reestablished.

(b)

A nonconforming use, if changed to a conforming use, or more restricted nonconforming use, may not thereafter be changed back to a less restricted use than that to which it was changed. If, by amendment to this title, any property is hereafter transferred to a more restricted district by a change in the district boundaries, or the regulations and restrictions in any district are made more restrictive, or of a higher classification, the provisions of this title relating to the nonconforming use of buildings or premises existing at the time of the passage of the ordinance from which this title is derived shall apply to buildings or premises occupied or used at the time of the passage of such amendment.

(Ord. No. 4.414, § 1, 1-22-2018)

Repairs and alterations may be made to a nonconforming building, provided that no structural alterations or extension shall be made, except those required by law or ordinance, unless the building is changed to a conforming use; provided that the board of zoning adjustment, in the case of evident hardship, may grant an extension of a nonconforming use not exceeding 25 percent of the ground area of the building.

(Ord. No. 4.414, § 1, 1-22-2018)

(a)

Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued, or for which plans have been filed with the community development director no more than one year prior to the passage of the ordinance from which this title is derived, and the construction of which in either case shall have been diligently prosecuted within one year of the date of passage of the ordinance from which this title is derived.

(b)

Nothing in this title shall be taken to prevent the restoration, within 12 months, of a nonconforming building destroyed to the extent of not more than 75 percent of its value (exclusive of foundations), by fire, explosion or other casualty, act of God or the public enemy; provided that, when such restoration becomes involved in litigation, the time required for such litigation shall not be counted as a part of the 12 months allowed for reconstruction; and nothing in this title shall be taken to prevent the continued occupancy or use of such building or part thereof which existed at the time of such partial destruction, but any building so damaged more than 75 percent of its value may not be rebuilt, repaired or used unless it is made to conform to all regulations for buildings in the district in which it is located.

(Ord. No. 4.414, § 1, 1-22-2018)