The purpose of this chapter is to identify buildings and uses that existed prior to the effective date hereof and that fail to conform to one or more of the provisions of this title. This chapter identifies how the nonconforming buildings and uses may be continued, altered, or expanded. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

Any lawful use of land or structure existing or under construction at the effective date hereof, or subsequent amendments, that does not conform to the regulations found within the district in which it is located shall be considered nonconforming. Any lawful use of land or structure existing at the effective date hereof, or subsequent amendments, may be continued with the following limitations:

   A.   Expansion Limited: Any structure containing a nonconforming use shall not be expanded nor subsequently remodeled. Ordinary repairs and maintenance may be made to the structure if they are necessary to strengthen and restore the building or structure to a safe condition, are required by law, or to make the building or structure more closely conform to the regulations found within the district in which it is located.

   B.   Alterations Or Additions: A structure may be altered or enlarged; provided, that it conforms with the regulations found within the district in which it is located.

   C.   Relocation: No nonconforming building shall be moved, in whole or in part, to any other lot unless the entire nonconforming building shall conform to the regulations found within the district in which it is moved.

   D.   Abandonment Or Discontinuance: No nonconforming use shall be reestablished after having been discontinued for one year, regardless of any intent to resume or not abandon such use. Vacating of premises or building or nonoperative status shall be evidence of a discontinued use. Subsequent uses of the building, structure, or lot shall conform to the regulations of the district in which it is located.

   E.   Change Of Use: No nonconforming use may be substituted for any other nonconforming use.

   F.   Nonconforming Accessory Uses: No use which is accessory to a principal nonconforming use shall continue after such principal use shall cease or terminate.

   G.   Damage Or Destruction:

      1.   Rebuilding Regulated: Any nonconforming structure, which has been damaged to the extent of sixty percent (60%) of its current fair market value as estimated immediately prior to damage by the zoning enforcement officer or building inspector, shall not be repaired or reconstructed except in conformity with this title.

      2.   Repair Permitted: If a building or other structure containing a nonconforming use or if a nonconforming structure is damaged by any means to an extent less than sixty percent (60%) of its replacement value at that time, it may be repaired, and the previous use may be continued. However, no parking, yard, space, or bulk nonconformity shall be created or increased.

      3.   Prompt Repair Required: Repair of a damaged building or other structure, as permitted in subsection G2 of this section, must be started within a period of one year from the occurrence of the damage and diligently pursued to completion.

   H.   Exceptions: The following exceptions to the regulations of this section are hereby established:

      1.   Any building or structure built prior to the year 1940, in sound, well maintained condition, and remaining essentially unchanged from that date shall not be classified as a nonconforming building or structure but shall be classified as a conforming building or structure.

      2.   Any building or structure built prior to the year 1940 and remaining essentially unchanged from that date may be continued, enlarged, or transferred in the same manner as any special use, provided it conforms with the regulations found in chapter 10 of this title. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

Subject to the limitations and termination provisions hereinafter set forth, any lawful, existing nonconforming sign may be continued so long as it otherwise remains lawful after the effective date hereof. No nonconforming sign shall be:

   A.   Changed or altered in any manner which would increase the degree of its nonconformity.

   B.   Expanded. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

   C.   Changed or altered to prolong its useful life; except, that routine maintenance and painting is allowed, provided the content of the sign is not altered. (Ord. 2007-24, 8-8-2007)

   D.   Moved, in whole or in part, to any other location where it would remain nonconforming. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

   A.   Change In Character: A nonconforming use of any building, structure, or part thereof may be changed to a use of the same or of a more restricted character but may not be changed to any less restricted use.

   B.   Establishment Of Abandoned Use: The establishment or reestablishment of a use that is of the same or less intensity than the abandoned previous use in a structure not designed for a permitted use may be allowed if it meets certain standards. The following shall be used to determine the intensity of a use:

      1.   Floor area.

      2.   Hours of operation.

      3.   Volume and type of sales.

      4.   Type of processing activity.

      5.   Nature and location of storage.

      6.   Transportation requirements by volume, type, and characteristics.

      7.   Parking and loading requirements.

      8.   Noise, smoke, odor, glare, vibration, radiation, and fumes. (Ord. 2004-26, 9-22-2004, eff. 9-22-2004)

A single-family home and those allowed accessory structures that are a nonconforming use in any zoning district can be rebuilt if damaged or destroyed by action that is without the wilful intent of the owner or his/her agent or if such structure is taken or threatened to be taken by eminent domain; provided, that the residence is occupied by the owner thereof and there is conformance with all other provisions of this title regarding nonconformance. (Ord. 2010-18, 7-14-2010)