(a)

Requirements for nonconforming uses. Except as provided in this Section, the lawful use of any building or land existing at the time of enactment of this Code, or of any amendments to this Chapter, may be continued even though such use does not conform to the requirements of this Code.

(b)

Abandonment means whenever a nonconforming use has been discontinued for a period of one hundred eighty (180) days, such use shall not thereafter be reestablished and any future use shall be in conformance with the provisions of this Code.

(c)

Completion means that any building or structure for which a building permit has been issued prior to the date of enactment of this Code may be completed and used in accordance with the plans, specifications and permits on which said building permit was granted, if construction is commenced within sixty (60) days after the issuance of said permit and diligently prosecuted to completion.

(d)

Displacement means no nonconforming use shall be altered, extended or restored so as to displace any conforming use.

(e)

Extensions/enlargements means a nonconforming structure to be extended or enlarged shall conform with the provisions of this Chapter; a nonconforming activity may be extended throughout any part of a structure which was arranged or designed for such activity at the time of enactment of this Chapter. However, businesses in RSF-1 and RSF-4 zones shall not be extended under any circumstances.

(f)

Repairs and maintenance means ordinary repairs and maintenance of a nonconforming building shall not be deemed an extension of such nonconforming building and shall be permitted.

(g)

Restoration means a nonconforming building which has been damaged by fire or other causes and which may be restored to its original condition, provided that such work iscommenced within one hundred eighty (180) days of such incident and less than fifty percent (50%) of the building is destroyed.

(h)

Unsafe buildings means any nonconforming building, or portion thereof, declared unsafe by the Building Inspector, which may be replaced, strengthened or restored to a safe condition.

(i)

Termination of nonconforming uses within five (5) years. The five (5) year period is designated as an amortization period during which the market value of the property and use can reasonably be amortized. The owner of property or user shall have four (4) years from the date of the passage of this code to submit to the Board of Trustees an appeal setting forth his or her grounds asserting the five (5) year period is an inadequate amount of time to amortize the nonconforming use. The following nonconforming uses shall be terminated within five (5) years from the date of passage of this code in any district except that in which they are specifically allowed:

(1)

Extractive (mining and gravel) land use.

(2)

Landfills.

(3)

Hazardous waste disposal site.

(j)

Nonconforming decks existing on the effective date of this ordinance are hereby granted approval and are to be considered legally existing nonconforming structures subject to the provisions of Section 16-3-130 of the Code.

(Ord. 653 §1, 2009; Ord. 673 §4, 2010)