Subject to the limitations and restrictions set forth in this Article, nonconforming uses and nonconforming features of buildings are allowed to continue. The terms "nonconforming use" and "nonconforming feature" shall have such meaning as defined in Article X of this Ordinance. If any change of ownership or lease occurs involving land or buildings with nonconforming uses or features, the existing use and building is allowed to continue.

(Ord. of 10-12-2001)

No nonconforming use shall be expanded or moved so as to occupy a different or greater area of land or buildings than was occupied by and actively devoted to such use at the time it became nonconforming, except by issuance of a special use permit. A minor expansion of a nonconforming use that does not entail more than ten percent of the square footage of the existing space is allowed without a special use permit.

(Ord. of 10-12-2001)

5-3.1. A nonconforming use of land or a nonconforming use of a building may be changed to another use that is of the same or more restricted classification under the terms of this Ordinance or may be changed to any use which conforms with the use regulations of this Ordinance. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed back to the original nonconforming use or to any less restricted use without compliance with the provisions of this Ordinance.

5-3.2. Removal and replacement of a manufactured home which constitutes a nonconforming use on an individual lot in the Residential, Commercial, Industrial, or Conservation/Recreation District shall be permitted as long as the replacement unit conforms to current Federal Manufactured Housing and Construction Standards (HUD), subject to Section 5.4 regarding discontinuance of nonconforming uses.

5-3.3. Removal or replacement of a manufactured home within an existing manufactured home park shall be permitted so long as the replacement unit conforms to current Federal Manufactured Housing Construction and Safety Standards (HUD).

(Ord. of 10-12-2001)

Whenever a nonconforming use of land or of a building is discontinued for a period of more than 24 consecutive months, whether or not equipment or fixtures intended for such use are removed, any subsequent use shall conform with the use regulations of the district in which the property is located. A seasonal nonconforming use that has been in continual operation for a two-year period or more would not be considered as discontinued.

(Ord. of 10-12-2001)

No building or portion of a building devoted to a nonconforming use shall be enlarged, extended, reconstructed or moved on the premises such that the building is increased by more than ten percent of its existing square footage in size, unless such building or portion of a building is thereafter devoted to a use which conforms with the use regulations of this Ordinance or to a use approved by issuance of a special use permit. Nothing in this article shall be construed to prohibit normal repair, maintenance or structural alteration, or strengthening or restoring of a building to a safe condition.

(Ord. of 10-12-2001)

A building which is devoted to a conforming use and is nonconforming with respect to the yard, height, bulk or area regulations of this Ordinance or other feature required by this Ordinance may be repaired, enlarged, extended or structurally altered, provided that such enlargement, extension or structural alteration does not increase the degree or extent of any nonconforming feature of the building with respect to height, bulk or area. In regard to established setback distances, an extension or expansion of up to 50 percent of the existing building or structure square footage may be constructed provided the existing front lot line setback distance is not decreased and provided the expansion or extension complies with minimum side and rear lot setback requirements.

(Ord. of 10-12-2001)

Any building that is devoted to a nonconforming use under the provisions of this Ordinance but is damaged by fire, explosion, or act of God may be maintained, repaired, reconstructed, improved, or structurally altered, provided it is not enlarged from its original size before the damage occurred, except as provided in Section 5-2, allowing up to an additional ten percent of the square footage before the damage occurred.

(Ord. of 10-12-2001)

Any building with nonconforming features that is damaged by fire, explosion, or act of God, may be maintained, repaired, reconstructed, improved, or structurally altered provided that any new construction does not increase the degree or extent of any nonconforming feature of the original structure, and provided that the repair or reconstruction is started within 12 months of the date the damage occurred.

(Ord. of 10-12-2001)

Intermittent, temporary or illegal use of land or buildings shall not be construed to establish the existence of a nonconforming use upon adoption of this Ordinance.

(Ord. of 10-12-2001)

The Zoning Administrator shall have the authority to determine whether a nonconforming use or a nonconforming feature of a use or building exists in accordance with the provisions of this Ordinance. An appeal from any decision of the Zoning Administrator regarding such determination may be taken to the Board of Zoning Appeals by any person aggrieved by such decision pursuant to the provisions of Article VII of this Ordinance.

(Ord. of 10-12-2001)

A manufactured home which is an allowed use and has nonconforming features may be replaced within 90 days provided the replacement home does not increase the degree or extent of nonconforming features except as provided for in Section 5-6.

(Ord. of 10-12-2001)