(a)

Any lawfully established use of a structure or land, on the effective date of the ordinance from which this article is derived or of amendments hereto, that does not conform to the use regulations for the district in which it is located, shall be deemed to be a legal nonconforming use and may be continued, except as otherwise provided herein.

(b)

Any legal nonconforming structure may be continued in use provided there is no physical change other than necessary maintenance and repair.

(c)

Any structure for which a building permit has been lawfully granted prior to the effective date of the ordinance from which this article is derived, or of amendments hereto, may be completed in accordance with the approved plans.

(Ord. No. 754, § 8-131, 7-6-2006)

(a)

Whenever any part of a structure or land occupied by a nonconforming use is changed to, or replaced by, a use conforming to the provisions of these regulations, such premises shall not thereafter be used or occupied by a nonconforming use, even though the structure may have been originally designed and constructed for the prior nonconforming use.

(b)

Whenever a nonconforming use of a structure or part thereof has been discontinued or abandoned for a period of six months or more, such use shall not be reestablished, and the use of the premises thereafter shall be in conformity with the regulations of the district; however, an extension of six months may be granted by the planning department in cases of extended illness or other delay when it is expected that the use will resume within the additional six-month period.

(c)

Where no enclosed structure is involved, discontinuance of a nonconforming use for a period of six months shall constitute abandonment, and shall not thereafter be used in a nonconforming manner; however, an extension of six months may be granted by the planning department in cases of extended illness or other delay when it is expected that the use will resume within the additional six-month period.

(d)

Where periods of use are dictated by growing season or livestock rotation, this does not constitute abandonment as long as the use is resumed within a 12-month period.

(Ord. No. 754, § 8-132, 7-6-2006)

(a)

The nonconforming use of any structure or portion thereof may be changed for occupation by a different nonconforming use if approved by the planning commission, subject to appeal to the board of zoning adjustment. If the change is approved, the previous nonconforming use may not be resumed unless approved by the planning commission.

(b)

A nonconforming use of land without substantial buildings or structures may not be extended or expanded, nor shall it occupy more area than was in use on the effective date of the ordinance from which this article is derived. If such nonconforming use or portion thereof is discontinued for a period of six months, or changed, any future use of such land or change of use shall be in conformity with the provisions of the district in which such land is located.

(Ord. No. 754, § 8-133, 7-6-2006)

(a)

Normal maintenance of a nonconforming structure or of a conforming structure containing a nonconforming use is permitted.

(b)

Alterations may be made when required by law, or when such alterations will actually result in eliminating the nonconformity.

(c)

No structure partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such nonconforming use.

(d)

A structure that is nonconforming with respect to yards, height or any other element of bulk regulated by these regulations shall not be altered or expanded in any manner that would increase the degree or extent of its nonconformity with respect to the bulk regulations for the district in which it is located.

(Ord. No. 754, § 8-134, 7-6-2006)

(a)

Addition of, or enlargement, alteration or relocation of, accessories which are incidental to and accommodate the primary nonconforming use may be permitted, after notices and public hearing and approval by the planning commission.

(b)

The procedures for application and review shall be the same as those for use on appeal, with the exception that all notifications must make reference to a request for "alteration, enlargement or relocation of use" instead of a request for a conditional use.

(Ord. No. 754, § 8-135, 7-6-2006)

If a nonconforming structure or a structure containing a nonconforming use is damaged or destroyed by natural disaster, fire, or other casualty, the structure may be repaired or reconstructed on the same footprint, design and function within a 12-month period from the date of the damage and used for the same purpose as it was before the occurrence. Damage of 50 percent of the value of the structure or greater will constitute new construction and shall conform to building design and current building codes.

(Ord. No. 754, § 8-136, 7-6-2006)

Whenever the boundaries of a zoning district are changed, so as to transfer an area from one district to another, the foregoing provisions shall also apply to any newly created nonconforming uses therein.

(Ord. No. 754, § 8-137, 7-6-2006)