(a)

If, at the time of enactment of the ordinance from which this article is derived, any legal activity which is being pursued or any lot or structure legally utilized in a manner or for a purpose which does not conform to this article, such manner of use or purpose may be continued as provided in this division.

(b)

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

(c)

If any nonconforming use (structure or activity) is discontinued for a period exceeding two years after the effective date of the ordinance from which this article is derived, it shall be deemed abandoned, and any subsequent use shall conform to the requirements of this article.

(Ord. of 6-11-1996, § 23-40)

The construction or use of a nonconforming building or land area for which a permit was issued legally prior to the effective date of the ordinance from which this article is derived may proceed, provided such building is completed within one year or such use of land is established within 30 days after the effective date of the ordinance from which this article is derived.

(Ord. of 6-11-1996, § 23-41)

Nonconforming uses and structures may be repaired and maintained, and unsafe structures may be made safe.

(Ord. of 6-11-1996, § 23-42)

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

(Ord. of 6-11-1996, § 23-43)

In any zoning district, permitted structures may be erected and/or enlarged on any lot of record at the effective date of the ordinance from which this article is derived or amendment of this article, even though such lot fails to meet the requirements for area or width or both that are generally applicable in the district, provided that all setback requirements can be met. Variance of setback or other requirements shall be obtained only through action of the board of zoning appeals as provided by law.

(Ord. of 6-11-1996, § 23-44)

Lawful uses of land which, at the effective date of the ordinance from which this article is derived or as a result of subsequent amendments thereto, become nonconforming may be continued by the present or any subsequent owner so long as it remains otherwise lawful, subject to the following:

(1)

Extension. No such nonconforming use shall be enlarged or increased or extended to occupy a greater area of land than was used at the effective date of the ordinance from which this article is derived.

(2)

Changes of use. Such nonconforming use, if changed to a conforming use, shall not thereafter be changed back to any nonconforming use.

(3)

Additional structures or buildings. No additional structures or buildings not conforming to the requirements of this article shall be erected in connection with such nonconforming use of land.

(Ord. of 6-11-1996, § 23-45)

Structures or buildings which, at the effective date of the ordinance from which this article is derived or subsequent amendments thereto, become nonconforming by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the building or structure may be continued to be used so long as such structure or building remains otherwise lawful, subject to the following:

(1)

Enlargement. No such nonconforming structure or building may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease it nonconformity. Enlargement may occur if no new nonconformity is created.

(2)

Damage or destruction. A nonconforming structure or building which is destroyed or partially destroyed by any means to an extent of 50 percent or more of the market value thereof immediately prior to such damage or destruction shall not be repaired or restored to a nonconforming status, but shall be reconstructed and used only in conformity with this article.

(3)

Moving of structure or building. No nonconforming structure or building shall be for any reason moved for any distance unless it shall thereafter conform to the zoning regulations for the district in which it is located after it is moved.

(Ord. of 6-11-1996, § 23-46)

Lawful uses of structures or buildings which, at the effective date of the ordinance from which this article is derived or as a result of subsequent amendments thereto, become nonconforming may be continued by the present or any subsequent owner so long as such use remains otherwise lawful, subject to the following:

(1)

Extension. A nonconforming use of a structure or building shall not be extended or expanded to occupy a greater area of the structure or building than was used for such uses at the time of adoption of the ordinance from which this article is derived.

(2)

Change of use. Such nonconforming use, if changed to a conforming use, shall not thereafter be changed back to any nonconforming use.

(3)

Destruction. Removal or destruction of the structure or building in which a nonconforming use is located shall eliminate the use which the structure or building was used for (a nonconforming use). Destruction for the purpose for this subsection is defined as damage to an extent of 50 percent or more of the market value of the structure or building immediately prior to such damage or destruction.

(Ord. of 6-11-1996, § 23-47)

Any use which is permitted as a special use permit in a zoning district under the terms of this article shall not be deemed a nonconforming use in such zoning district, but shall without further action be considered a conforming use.

(Ord. of 6-11-1996, § 23-48)

The cost of land or any factors other than the cost of the structure are excluded in the determination of fair market value for the purpose of calculating the percent of damage under this division.

(Ord. of 6-11-1996, § 23-49)