(a)

Within the various districts established by this ordinance or amendments that may later be adopted, there exist structures and uses of land and structures which were lawful prior to the adoption of this ordinance but which would be prohibited, regulated or restricted under the provisions of this ordinance. It is the intent of this ordinance to permit these nonconformities to continue until they are removed but not to encourage their survival. Such uses are declared by this ordinance to be incompatible with permitted uses in the districts involved.

(a)

Nonconforming use of land. The lawful use of land upon which no building or structure is erected or constructed which becomes nonconforming under the terms of this ordinance, as adopted or amended, may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance;

(2)

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel which was not occupied by such use at the effective date of adoption or amendment of this ordinance;

(3)

If any such nonconforming use of land ceases for any reason for a period of more than six (6) months, any subsequent use of such land shall conform to the district regulations for the district in which such land is located.

(b)

Nonconforming use of structures. If a lawful use of a structure, or of a structure and land in combination, exists at the effective date of adoption or amendment of this ordinance, that would not be allowed in the district under the terms of this ordinance, the use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No existing structure devoted entirely or in part to a use not permitted by this ordinance in the district in which it is located, except when required by law, shall be enlarged, extended, reconstructed, moved or structurally altered unless the use is changed to a use permitted in the district in which such structure is located;

(2)

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this ordinance. No such use shall be extended to occupy any land outside such building;

(3)

If no structural alterations are made, a nonconforming use of a structure may be changed to another nonconforming use of a similar nature within the same or a more restricted classification. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restrictive use;

(4)

In the event that a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for a period of one (1) year, the use of the same shall thereafter conform to the uses permitted in the district in which it is located. Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land;

(5)

Any structure devoted to a use made nonconforming by this ordinance that is destroyed by any means to an extent of sixty (60) percent or more of its replacement cost at the time of destruction, exclusive of the foundations, shall not be reconstructed and used as before such happening. If the structure is less than sixty (60) percent destroyed above the foundation, it may be reconstructed and used as before; provided that it is done within six (6) months of such happening and is built of like or similar materials.

(c)

Nonconforming structures. Where a structure exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such structure may be enlarged or altered in a way which increases its nonconformity;

(2)

Should such structure be destroyed by any means to an extent of sixty (60) percent or more of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance.

(Ord. No. 1224, § 1, 6-9-2010)

(a)

Nonconforming use of land. The regulations described in Section 19.04.020(a) shall also apply to this subsection.

(b)

Nonconforming use of structures. The regulations described in Section 19.04.020(b) shall also apply to this subsection with the following exception: Any structure in any district, other than a residential district, devoted to a use made nonconforming by this ordinance may be structurally altered or enlarged in conformity with the lot area, lot coverage, frontage, yard, height and parking requirements of the district in which located; provided that such construction shall be limited to buildings on land owned, of record, by the owner of the land devoted to the nonconforming use prior to the effective date of this ordinance. Such structural alteration or enlargement shall not authorize the substitution of a nonconforming use that is less restrictive than the one to which the structure was devoted at the time of passage of this ordinance.

(c)

Nonconforming structures. The regulations described in Section 19.04.020(c) shall also apply to this subsection.

(a)

Required repairs. Nothing in this ordinance shall be deemed to prevent the restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon the order of such official.

(b)

Unauthorized nonconformities. Any use of land, use of structure or structure in existence at the time of the adoption of this ordinance which was not an authorized nonconformity under any previous zoning ordinance or similar regulations shall not be authorized to continue its nonconforming status pursuant to this ordinance or amendments thereto.