(1)

In this subsection, "nonconforming use" means a use of land, a dwelling, or a building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform to the use restrictions in the current ordinance.

(2)

Ordinary repair and maintenance. Maintenance and incidental repair or replacement, and installation or relocation of non-load-bearing walls, non-load-bearing partitions, fixtures, wiring or plumbing, may be performed on any structure that is devoted in whole, or in part, to a nonconforming use.

(3)

Temporary structure. The continuance of the nonconforming use of a temporary structure is hereby prohibited.

(4)

Expansion, relocation, damage or destruction. The alteration of, or addition to, or repair in excess of 50 percent of its assessed value of any existing building, premises, structure, or fixture, for the purpose of carrying on any prohibited trade or new industry within the zoning district where such buildings, premises, structures, or fixtures are located, is prohibited. The continuance of a nonconforming use may continue if any expansion, relocation, maintenance, repair, or other restoration of any nonconforming use is less than 50 percent of the assessed value of any existing building, premises, structure, or fixture used for the purpose of carrying on the nonconforming use provided that such repair or reconstruction is commenced and completed within 365 consecutive days of the date of such damage or destruction. A land use permit is required prior to starting any construction.

(5)

Change in use. A nonconforming use of land or of a structure shall not be changed to any use other than a use permitted by this zoning ordinance. When such nonconforming use has been changed to a permitted use, it shall only be used thereafter for a use permitted by this chapter. For purposes of the section, a use shall be deemed to have been changed when an existing nonconforming use has been terminated and a new use has been permitted.

(6)

Abandonment or discontinuance. When a nonconforming use of land or a nonconforming use of part or all of a structure is discontinued or abandoned for a period of 365 days, such use shall not be reestablished or resumed. Any subsequent use or occupancy of such land or structure shall comply with this chapter.

(7)

Damage or destruction.

(a)

In the event that any structure that is devoted in whole, or in part, to a nonconforming use is damaged or destroyed by any means, to the extent that the damage exceeds 50 percent of the equalized assessed value of such structure immediately prior to such damage, such structure shall not be restored unless the structure and the use will conform to all regulations of this chapter.

(b)

When such damage or destruction is 50 percent or less of the equalized assessed value of the structure immediately prior to the damage, the structure may be repaired and reconstructed and used for the same purposes as it was before the damage or destruction.