(a)

Legal, nonconforming uses. A legal, nonconforming use is:

(1)

Any use which was lawfully operated in accordance with the provisions of any prior zoning ordinance on the effective date of the ordinance from which this chapter is derived.

(2)

Any use that on or after the effective date of the ordinance from which this chapter is derived was lawfully operated in accordance with the provisions of said chapter, but which use, by reason of amendment to said chapter, or other governmental action, is not a permitted use in the district in which the use is located.

(3)

Any use of land or buildings and structures located thereon lawfully existing on the date annexation proceedings were instituted to annex such land.

If a legal, nonconforming use is discontinued for one year, any use of such premises thereafter shall be in conformity with the provisions of this Code.

(b)

Nonconforming structures. The lawful use, occupation or operation of any building or structure existing on the effective date of this ordinance from which this chapter is derived, may be continued although such use, occupation or operation does not conform to the provisions of this chapter, and such use, occupation or operation may be extended throughout the building or structure, provided no structural alterations, except those required by law or ordinance, or permitted by variance or special exception, are made therein.

(Ord. No. 929, § 13, 1-20-2005)