(a)

If any legal activity is being pursued or any lot or structure is being legally utilized in a manner or for a purpose which does not conform to the provisions of this chapter on July 1, 1965, such manner of use or purpose may be continued, except that advertising structures that become nonconforming because of a rezoning have 24 months within which to relocate in a permitted area.

(b)

If any change in title of possession or renewal of a lease of any such lot or structure occurs, the use existing may be continued.

(c)

If any nonconforming use, structure or activity is discontinued for a period exceeding two years after July 1, 1965, it shall be deemed abandoned, and any subsequent use shall conform to the requirements of this chapter.

(d)

Whenever a nonconforming structure, lot or activity has been changed to a more limited nonconforming use, such existing use may only be changed to an even more limited use.

(e)

Temporary seasonal nonconforming uses that have been in continual operation prior to July 1, 1965, are permitted.

(f)

Any poultry or livestock operation in existence in the R-A and A-1 zoning districts prior to April 1, 1995, may be continued even if in violation of any regulation of these district provisions unless discontinued for 24 consecutive months, and such right shall continue with passing of the property title.

(g)

Home occupation permits may be issued by the zoning administrator for home occupation home office uses and for home occupation child care conducted by the residents of existing dwellings within the M-1, M-2, or M-3 district, including mobile homes within existing mobile home parks, as accessory uses to those dwellings. The issuance of any such home occupation permit shall not create any vested right for the continuance or expansion of such nonconforming residential use.

(Code 1988, § 17-256; Ord. No. O-02-012, 10-22-2002)

All nonconforming uses shall obtain a zoning permit and a certificate of occupancy within 60 days after July 1, 1965. Such permits shall be issued promptly upon the written request of the owner or operator of a nonconforming use.

(Code 1988, § 17-257(a))

On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding ten percent of the current replacement value of the structure, provided that the cubic content of the structure as it existed on July 1, 1965, shall not be increased. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition any structure or part thereof declared to be unsafe by any official charged with protecting the public safety upon order of such official.

(Code 1988, § 17-258)

Whenever the boundaries of a district are changed, any uses of land or buildings which become nonconforming as a result of such change shall become subject to the provisions of this article.

(Code 1988, § 17-259)

(a)

A nonconforming structure to be extended or enlarged shall conform with the provisions of this chapter.

(b)

A nonconforming activity may be extended throughout any part of a structure which was arranged or designed for such activity on July 1, 1965.

(c)

Nonconforming single-family residential structures, churches and accessory structures and farm buildings which are located in a B-1, M-1 or M-2 district may be expanded for their respective uses, subject to the following:

(1)

Expansion may not exceed 50 percent of the ground area of the original structure.

(2)

Any expansion may not come closer to a road or right-of-way than the existing structure, unless the setback requirements of the district can be met.

(d)

Nonconforming buildings located on lots or parcels in the RPA overlay district may be enlarged or have accessory structures constructed in conjunction with the principal building, provided such expansion does not exceed 50 percent of the ground area of the principal building to a maximum of 1,000 square feet of ground area.

(Code 1988, § 17-260)

Any lot of record which on July 1, 1965, is less in area or width than the minimum required by this chapter may be used when the requirements of the board of zoning appeals regarding setbacks, side and rear yards are met.

(Code 1988, § 17-261)

(a)

If a nonconforming activity is destroyed or damaged in any manner to the extent that the cost of restoration to its condition before the occurrence shall exceed 50 percent of the cost of reconstructing the entire activity or structure, it shall be restored only if such use complies with the requirements of this chapter.

(b)

If a nonconforming structure is destroyed or damaged in any manner to the extent that the cost of restoration to its condition before the occurrence shall exceed 75 percent of the cost of reconstructing the entire structure, it shall be restored only if it complies with the requirements of this chapter. The property owner so affected may take recourse to obtain rezoning.

(c)

When a conforming structure devoted to a nonconforming activity is damaged less than 50 percent of the cost of reconstructing the entire structure or where a nonconforming structure is damaged less than 75 percent of the cost of reconstructing the entire structure, either may be repaired or restored, provided that any such repair or restoration is started within 12 months and completed within 18 months from the date of partial destruction.

(d)

The cost of land or any factors other than the cost of the structure are excluded in the determination of cost of restoration for any structure or activity devoted to a nonconforming use.

(e)

All nonconforming activities and structures existing on July 1, 1965, are excluded from these provisions regarding restoration or replacement.

(Code 1988, § 17-262)