(a)

If on October 1, 1968, any legal activity which was being pursued, or any lot or structure legally utilized in a manner or for a purpose which did not conform to the provisions of this chapter, such manner of use or purpose may be continued as herein provided.

(b)

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

(c)

If any nonconforming use, structure or activity is discontinued for a period exceeding two (2) years after October 1, 1969, it shall be deemed abandoned and any subsequent use shall conform to the requirements of this chapter.

(d)

Temporary seasonal nonconforming uses that have been in continual operation for a period of two (2) years or more prior to October 1, 1968 may continue to be conducted in generally the same manner as prior to October 1, 1968, and for livestock subject to the provisions of section 18-450 below.

(Ord. of 6-18-90, § 19-15.1)

Except as provided in this article, the casual, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use, and the existence of a nonconforming use on a part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.

(Ord. of 6-18-90, § 19-15.2)

When evidence available to the administrator is deemed by him to be inconclusive, whether a nonconforming use exists shall be a question of fact and shall be decided by the board of zoning appeals after public notice and hearing and in accordance with the rules of the board.

(Ord. of 6-18-90, § 19-15.3)

A building nonconforming only as to height, yard area or coverage requirements may be altered or extended, provided such alteration or extension does not increase the degree of nonconformity in any respect.

(Ord. of 6-18-90, § 19-15.4)

Editor's note— An ordinance adopted Oct. 24, 2011, repealed § 18-450, which pertained to keeping livestock on land zoned residential and derived from Ord. of 6-18-90, § 19-15.5.

On any building devoted in whole or in part to any nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding ten (10) percent of the current replacement value of the structure; provided, that the cubic content of the structure as it existed on October 1, 1968, or amendment of this chapter shall not be increased. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

(Ord. of 6-18-90, § 19-15.6)

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

(Ord. of 6-18-90, § 19-15.7)

(a)

A nonconforming activity may be extended throughout any part of a structure which was arranged or designed for such activity on October 1, 1968.

(b)

All livestock operations in existence and in operation prior to June 1, 1982, shall be considered nonconforming uses. Additions to nonconforming livestock operations shall conform to the provisions of this chapter.

(1)

All owners of livestock operations shall submit to the zoning administrator's office information pertinent to the particular livestock operation, on a form provided by the zoning administrator, on or before January 1, 1983. The zoning administrator shall keep all information submitted on file and shall provide by appropriate notation on the county zoning map the location of all livestock operations.

(2)

A zoning permit issued by the zoning administrator shall be required of all agricultural construction, such as hog houses, chicken houses, corrals, grain bins, farm shops, barns, drying shelters and the like, prior to the commencement of construction.

(c)

Where public water and sewerage is available and hook-up is mandated by chapter 16 of this Code, proper toilet facilities, by means of an addition to the existing nonconforming structure, shall be permitted, provided said addition is equal to or less than one hundred (100) square feet.

(Ord. of 6-18-90, § 19-15.8)

(a)

Any lot of record as of October 1, 1968, shall be excepted from requirements of this Code with respect to area and width at the setback line.

(b)

Any lot in a subdivision, a preliminary plat of which has received approval in accordance with the provisions of article II, plats, division 3, Preliminary Plat of chapter 14 of this Code on or before January 1, 1979, which met the area and width requirements of the subdivision and zoning chapters of this Code existing between October 2, 1968, and January 1, 1979, shall be exempt from requirements of this Code with respect to area and width at the setback line.

(Ord. of 6-18-90, § 19-15.9)

In a residential or agricultural district where any sign does not comply with the provisions of this chapter, such sign and any supporting structures may be maintained but shall not be replaced, reconstructed, moved, structurally altered, or relighted except in compliance with the provisions of this chapter and may continue in use unless subject to removal under other provisions of this chapter. Removal, replacement, reconstruction, moving or structural alteration for any cause whatsoever shall be considered as loss of nonconforming status. Supporting structures for nonconforming signs may continue in use for a conforming sign if such support structures comply in all respects to the applicable requirements of these regulations and other codes and ordinances.

(Ord. of 6-18-90, § 19-15.10)

A dwelling nonconforming as to use in a business or industrial district shall be considered as a conforming use in application of the height and area requirements of this chapter.

(Ord. of 6-18-90, § 19-15.11)

(a)

If a nonconforming activity is destroyed or damaged in any manner to the extent that the cost of restoration to its condition before the occurrence shall exceed fifty (50) percent of the cost of reconstructing the entire activity or structure, it shall be restored only if such use complies with the requirements of this chapter.

(b)

If a nonconforming structure is destroyed or damaged in any manner to the extent that the cost of restoration to its condition before the occurrence shall exceed seventy-five (75) percent of the cost of reconstructing the entire structure, it shall be restored only if it complies with the requirements of this chapter.

(c)

Where a conforming structure devoted to a nonconforming activity is damaged less than fifty (50) percent of the cost of reconstructing the entire structure, or where a nonconforming structure is damaged less than seventy-five (75) percent of the cost of reconstructing the entire structure, either may be repaired or restored; provided, that any such repair or restoration is started within twelve (12) months and completed within eighteen (18) months from the date of partial destruction.

(d)

The cost of land or any factors other than the cost of the structure are excluded in the determination of cost of restoration for any structure or activity devoted to a nonconforming use.

(Ord. of 6-18-90, § 19-15.12)