The purpose of this chapter is to regulate the use, maintenance, alteration, repair, extension and restoration of buildings and land which lawfully existed at the time of adoption of the ordinance codified in this chapter, but which do not conform to the regulations for the district in which they are located.

(Ord. 2007-004 § 1 (part))

A.

A nonconforming use is a use of a structure or land which was lawfully established and maintained prior to the adoption of the ordinance codified in this chapter but which under this chapter, does not conform to the use regulations for the district in which it is located.

B.

A nonconforming structure is a structure which was lawfully erected prior to the adoption of the ordinance codified in this chapter but which under this chapter, does not conform with the standards of coverage, yard spaces, height of structures or distance between structures prescribed in the regulations for the district in which the structure is located.

(Ord. 2007-004 § 1 (part))

A.

The lawful use of land, building or structure existing at the time of passage of the ordinance codified in this chapter, although such does not conform to the provisions hereof for said land, may be continued, but if such nonconforming use is discontinued for a period of six months, it shall be considered abandoned and future use of said land or structure shall be in conformity with the provision of this chapter.

B.

Nothing in this chapter shall prevent the reconstruction, repairing or rebuilding of a nonconforming structure or part thereof rendered necessary by normal wear and tear, deterioration or depreciation, provided such wear and tear, deterioration or depreciation does not exceed fifty (50) percent of the value of said structure as determined by a licensed appraiser.

C.

Nothing in this chapter shall be interpreted as authorization for approval of the continuance of the use of a building or premises in violation of regulations in effect at the time of the effective date of the ordinance codified in this chapter.

D.

Nothing in this chapter shall prevent requiring the strengthening or restoring to a safe condition of any portion of a structure declared unsafe by a proper authority.

E.

Nothing in this chapter shall require any change in plans, construction or designated use of a building for which a building permit has been issued prior to the enactment of the ordinance codified in this chapter, provided the construction shall be diligently prosecuted within sixty (60) days of the date of the ordinance codified in this chapter, and the building is completed and used according to such plans as filed within one year from the date of the ordinance codified in this chapter.

F.

A nonconforming building or portion thereof which was specifically designed, or beyond reasonable doubt, intended by the nature of its arrangement and construction to be used in any way which would be nonconforming under this chapter, but was not so used at the time the ordinance codified in this chapter became effective, may, if not altered or repaired as prohibited elsewhere in this chapter, be occupied or used for the purpose for which it was designed, arranged or intended provided such building is so used within six months after the effective date of the ordinance codified in this chapter. Otherwise, the use of such building shall conform to the provisions of this chapter.

(Ord. 2007-004 § 1 (part))

A.

Any extension of a conforming structure devoted to a nonconforming use, or extension of a nonconforming structure shall conform with all regulations for the zoning district in which such structure is located.

B.

Any extension of a nonconforming use shall be by conditional use permit issued by the planning and zoning commission subject to the following:

1.

The extension of a lawful use to any portion of a nonconforming building shall not be deemed the extension of a nonconforming use;

2.

No nonconforming use shall be extended to displace a conforming use;

3.

A nonconforming use of a building or lot shall not be changed to another nonconforming use except that such changes may be allowed by conditional use permit when the proposed use is not more intensive and objectionable than the original use;

4.

Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use.

(Ord. 2007-004 § 1 (part))

A.

If a building or business is destroyed, and if it is allowed to be reconstructed, it shall be required to provide only the number of parking spaces which existed prior to the destruction.

B.

If a business expands, it shall in addition to the parking spaces which existed prior to such expansion, be required to provide only the number of additional parking spaces necessitated by the expansion.

(Ord. 2007-004 § 1 (part))