The purpose of this article is to provide for the regulation of non-conforming uses and to specify those circumstances under which they shall be allowed to continue as legal non-conforming uses.

Any use that existed lawfully, other than article 60 'Signs', prior to February 1, 1993 may continue to operate as that same use, as it did prior to becoming non-conforming, subject to the rules, regulations, and restrictions listed below. With regard to 'Signs', any sign use that existed prior to January 13, 2011 may continue to operate as that same use, as it did prior to becoming non-conforming, subject to the rules, regulations, and restrictions listed below.

Any non-conforming use, excepting residential structures existing as of January 2010, that does not conform to the regulations of the zoning district in which it is located, shall be subject to the following:

A.

Repairs and alterations. Ordinary cosmetic repairs may be made to a building or structure devoted to or designed for a use not permitted in the zoning district in which it is located. No structural repairs or alterations shall be made in or to such building or structure, except those required by law or to alter the design and use of the building or structure to conform to the permitted use regulations of the zoning district in which it is located.

B.

Additions and enlargements. A building, structure, or sign devoted to or designed for a use not permitted in the zoning district in which it is located, shall not have additions or enlargements made to it in any way other than to bring such building or structure into compliance with the permitted use(s) of the zoning district in which it is located.

C.

Restoration as a result of damages. A building, structure, or sign devoted to or designed for a use not permitted in the zoning district in which it is located, that is damaged or destroyed by any means, and where the cost of the repairs exceed 50% or more of its replacement value, shall not be restored except if such restoration results in a building, structure, or sign devoted to or designed for a use that conforms to the regulations of the zoning district in which it is located.

D.

Discontinuance of a non-conforming use. In the event that a non-conforming use of a building, structure, premises, sign, or parts thereof, is discontinued for any reason for a period of six months, and such non-conforming use is changed to or replaced by a use conforming to the zoning district in which it is located, such building, structure, premises, sign, or parts thereof shall not thereafter be used or occupied by a non-conforming use, even though the building, structure, sign, premises, or parts thereof may have been originally constructed for the prior non-conforming use.

E.

Vacant non-conforming use. In the event the building, structure, sign, or premises of a non-conforming use have sat vacant for a period of six months or longer, any use brought into said building, structure or premises shall be a use conforming to the regulations of the zoning district in which it is located and all requirements of this zoning ordinance shall be met before the new permitted use is allowed to operate, including the most current requirements for parking, landscaping, and general zoning and building guidelines as set forth in this and other ordinances.

F.

Digital signs. Digital signs must conform to the provisions of article 60 of this ordinance pertaining to illumination, brightness, and flashing.

G.

Signs on vacant property: Signs that were used to advertise for a business on property which are no longer located onsite, or located on vacant properties, must remove the sign and pole within 60 days of closure.