This chapter is intended to limit the enlargement, the reestablishment after abandonment, and alteration or restoration after destruction of legal nonconforming uses or structures, including mobile homes. While permitting the use and maintenance of existing legal nonconforming uses and structures, this chapter limits the number and extent of such uses and structures by prohibiting their being moved, altered, replaced or enlarged in a manner that would increase the discrepancy between existing conditions and the standards prescribed in this title and by prohibiting their restoration after destruction. (Ord. 285 § 5, 1997: Ord. 256 art. III § 7A, 1993)

Any structure or use which meets existing codes and standards becomes legally nonconforming whenever a change in zone boundaries or a change in regulation for the zone in which it is located takes effect, which change makes the previously legally conforming use a nonconforming use. A use or structure located on a property which conformed to an existing zoning law when commenced or constructed, but which becomes nonconforming due to a subsequent change in zoning classification or zoning laws shall be deemed to be legally nonconforming, and may be continued except as otherwise provided in this title. (Ord. 256 art. III § 7B, 1993)

Whenever a nonconforming use has been discontinued or changed to a conforming use for a continuous period of one hundred twenty (120) calendar days or more, the nonconforming use shall not be reestablished. The use of the structure or site shall thereafter be in conformity with the regulations for the zone in which it is located. Discontinuation shall include cessation of a use regardless of the intent to resume the use unless the governing body is notified in writing of the intent to resume the use and is provided with a schedule for resumption of the use within one week of its discontinuance and the governing body has approved in writing a schedule for resumption of said use. (Ord. 256 art. III § 7C, 1993)

   A.   A use lawfully occupying a structure or a site that does not conform to the performance standards for the zone in which the use is located shall be deemed to be a nonconforming use and may be continued except as otherwise provided in this chapter.

   B.   A structure, lawfully occupying a site, that does not conform with the performance standards for front yard, side yard, rear yard, height, coverage or distances between structures, for the zone in which the structure is located, shall be deemed a nonconforming structure and may be maintained, except as otherwise provided in this chapter.

   C.   Routine maintenance and repairs may be performed on a structure or site, the use of which is nonconforming and on a nonconforming structure. (Ord. 256 art. III § 7D, 1993)

   A.   No structure, the use of which is legally nonconforming, shall be moved, altered or enlarged unless required by law, or unless the moving, alteration or enlargement will result in the elimination of the nonconformity, except as permitted in this chapter.

   B.   No legal nonconforming use shall be enlarged or extended in such a way as to occupy any part of the structure or site or another structure or site which it did not occupy at the time it became a legal nonconforming use, or in such a way as to displace any conforming use occupying a structure or site, except as permitted in this chapter.

   C.   No legal nonconforming structure shall be altered, replaced or reconstructed in any manner which increases the discrepancy between the use and the standards of the zone in which the use is located including building habitability rating and the property development standards for front yard, side yards and rear yard, height of structures, or unusable open space prescribed in the zone in which the structure is located. No legal nonconforming structure shall be moved or enlarged unless the new location or enlargement shall conform to the property development standards for the zone in which it is located. (Ord. 256 art. III § 7E, 1993)

   A.   Whenever a structure which does not comply with the property development standards for front yard, side yards, rear yard, height of structures, or distances prescribed in the zone in which the structure is located, or the use of which does not conform with the performance standards for the zone in which it is located, is destroyed by fire or other calamity, by act of God, or by public enemy to the extent of fifty percent (50%) or less, the structure may be restored and the nonconforming use resumed, provided that restoration is started within one year and diligently pursued to completion. When the destruction exceeds fifty percent or the structure is voluntarily razed or is required by law to be razed, the structure shall not be restored except in full conformity with the property development standards for the zone in which it is located and the nonconforming use shall not be resumed.

   B.   The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost of duplicating the entire structure as it existed prior to the damage. Estimates for this purpose shall be made by or shall be reviewed and approved by the governing body and shall be based on the minimum cost of construction in compliance with the building code. (Ord. 256 art. III § 7F, 1993)