This article establishes separate districts, each of which is an appropriate area for location of the uses which are permitted in that district. It is necessary and consistent with the establishments of those districts that those nonconforming buildings, structures, and uses which substantially and adversely affect the orderly development and taxable value of other property in the district not be permitted to continue without restriction. The purpose of this chapter is to provide for the regulation of nonconforming buildings, structures, and uses and to specify those circumstances and conditions under which those nonconforming buildings, structures, and uses shall be permitted to continue.

(Ord. No. 2001-26, § 1(4-1), 10-8-2001; Ord. No. 2005-20, § 2(4-1), 9-12-2005)

(a)

Any lawfully established use of a building or land, on the effective date of the ordinance from which this chapter is derived or of amendments thereto, that does not conform to the use regulations for the district in which it is located, shall be deemed to be a legal nonconforming use and may be continued, except as otherwise provided herein.

(b)

Any legal, nonconforming building or structure may be continued in use provided there is no physical change other than necessary maintenance and repair, as otherwise permitted herein.

(c)

Any building for which a permit has been lawfully granted prior to the effective date the of ordinance from which this chapter is derived or amendments thereto, may be completed in accordance with the approved plans; provided construction is started within 90 days and diligently prosecuted to completion. Such building shall thereafter be deemed a lawfully established building.

(Ord. No. 2001-26, § 1(4-2), 10-8-2001; Ord. No. 2005-20, § 2(4-2), 9-12-2005)

(a)

Whenever any part of a building, structure, or land occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this chapter, such premises shall not thereafter be used or occupied by a nonconforming use, even though the building may have been originally designed and constructed for the prior nonconforming use.

(b)

Whenever a nonconforming use of a building or structure or part thereof has been discontinued for a period of 12 consecutive months, or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not, after being discontinued or abandoned, be re-established, and the use of the premises thereafter shall be in conformity with the regulations of the applicable district.

(c)

Where no enclosed building is involved, discontinuance of a nonconforming use for a period of six months shall constitute abandonment, and shall not thereafter be used in a nonconforming manner.

(Ord. No. 2001-26, § 1(4-3), 10-8-2001; Ord. No. 2005-20, § 2(4-3), 9-12-2005)

(a)

The nonconforming use of any building, structure, or portion thereof, which is designed or intended for a use not permitted in the district in which it is located, may be changed to another nonconforming use thereof, but only if such other use is permitted by a special use permit as authorized in article IX of this chapter.

(b)

A nonconforming structure that was erected, converted, or structurally altered in violation of the provisions of the ordinance from which this chapter amends, shall not be validated by the adoption of this chapter, and such violations or any violations of this chapter may be ordered, removed, or corrected by the proper officials at any time.

(Ord. No. 2001-26, § 1(4-4), 10-8-2001; Ord. No. 2005-20, § 2(4-4), 9-12-2005)

(a)

Normal maintenance of a building or other structure containing a nonconforming use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the nonconforming use.

(b)

No structural alteration shall be made in a building or other structure containing a nonconforming use, except in the following situations:

(1)

When the alteration is required by law.

(2)

When the alteration will actually result in eliminating the nonconforming use.

(3)

When a building in a residential district, containing residential nonconforming uses, is altered in any way to improve livability, provided no structural alteration is made which would increase the number of dwelling units or the bulk of the building.

(Ord. No. 2001-26, § 1(4-5), 10-8-2001; Ord. No. 2005-20, § 2(4-5), 9-12-2005)

(a)

If a building or other structure containing a nonconforming use is damaged or destroyed by any means to the extent of 50 percent or more of its replacement value at that time, the building or other structure can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of the district in which it is located. In the event the damage or destruction is less than 50 percent of its replacement value, based upon prevailing costs, the building may then be restored to its original condition and the occupancy or use of such building may be continued which existed at the time of such partial destruction. In either event, restoration or repair of the building or other structure must be started within a period of six months from the date of the damage or destruction, and diligently completed within a period not to exceed 18 months.

(b)

Residential nonconforming use. A single-family home which is a nonconforming use in any zoning district can be rebuilt, if damaged or destroyed, provided that the residence is occupied by the owner thereof and complies with all other provisions of this chapter regarding nonconformance.

(Ord. No. 2001-26, § 1(4-6), 10-8-2001; Ord. No. 2005-20, § 2(4-6), 9-12-2005)

(a)

A nonconforming building may be enlarged or extended only if the entire building is thereafter devoted to a conforming use, and is made to conform to all the regulations of the district in which it is located.

(b)

No building partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such nonconforming use.

(c)

No nonconforming use may be enlarged or extended in such a way as to occupy any required usable open space, or any land beyond the boundaries of the zoning lot as it existed on the effective date of the ordinance from which this chapter is derived, or to displace any conforming use in the same building or on the same parcel.

(d)

A building or structure which is nonconforming with respect to yards, floor area ratio, or any other element of bulk regulated herein, shall not be altered or expanded in any manner which would increase the degree or extent of its nonconformity with respect to the bulk regulations for the district in which it is located.

(Ord. No. 2001-26, § 1(4-7), 10-8-2001; Ord. No. 2005-20, § 2(4-7), 9-12-2005)

Any nonconforming use may be made a special use by the granting of a special use permit, as authorized in article IX of this chapter when such special use is a permitted special use in the district in which it is located.

(Ord. No. 2001-26, § 1(4-8), 10-8-2001; Ord. No. 2005-20, § 2(4-8), 9-12-2005)