5.1

Continuance of use.

5.1-1

Any lawfully established use of a building or land that does not conform to the use regulations for the district in which it is located shall be deemed to be a legal non-conforming use and may be continued, except as otherwise provided herein.

5.1-2

Any legal non-conforming building or structure may be continued in use provided there are not physical changes other than necessary maintenance and repair, except as otherwise permitted herein.

5.1-3

Any building for which a permit has been lawfully granted may be completed in accordance with approved plans; provided construction is started within 90 days and diligently prosecuted to completion. Such building shall thereafter be deemed a lawfully established building.

5.2

Discontinuance of use.

5.2-1

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

5.2-2

Whenever a non-conforming 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 non-conforming 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 district.

5.2-3

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

5.3

Termination and removal of non-conforming uses, buildings and structures. The period of time during which the following non-conforming uses of buildings, structure or land may continue to remain shall be limited from the effective date of this zoning ordinance or amendment hereto which causes the use to be non-conforming. Every such non-conforming use shall be completely removed from the premises at the expiration of the period of time specified below.

5.3-1

Any non-conforming use of a building or structure having an assessed valuation not in excess of $500.00 shall be removed after two years.

5.3-2

All non-conforming signs, billboards and outdoor advertising structures shall be removed after five years.

5.3-3

Any non-conforming use of land where no enclosed building is involved, or where the only buildings employed are accessory or incidental to such use, or where such use is maintained in connection with a conforming building, shall be removed after a period of two years.

5.3-4

Any non-conforming house trailers shall be removed after a period of six months.

5.4

Repairs and alterations.

5.4-1

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

5.4-2

No structural alteration shall be made in a building or other structure containing a non-conforming use, except in the following situations;

a.

When the alteration is required by law.

b.

When the alteration will actually result in elimination of the non-conforming use.

c.

When a building in a residential district containing residential non-conforming uses may be altered in any way to improve livability, provided no structural alterations shall be made which would increase the number of dwelling units or the bulk of the building.

5.5

Damage and destruction. If a building or other structure containing a non-conforming 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 on 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 damaged or destruction, and diligently prosecuted to completion.

5.6

Additions and enlargements.

5.6-1

A non-conforming 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.

5.6-2

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

5.6-3

No non-conforming 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 adopted ordinance, or to displace any conforming uses in the same building or on the same parcel.

5.6-4

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

5.7

Exempted buildings, structures and uses. Whenever a lawfully existing building or other structure otherwise conforms to the use regulations of the district in which it is located, but is non-conforming only in the particular manner hereinafter specified, the building and use thereof shall be exempt from the requirements of subsections 5.3 and 5.4.

5.7-1

In any residential district where a dwelling is non-conforming only as to the number of dwelling units it contains, provided no such building shall be altered in any way so as to increase the number of dwelling units therein.

5.7-2

In any residential district, where a use permitted in the B-1 District occupies ground floor space within a multiple-family dwelling located on a corner lot.

5.7-3

In any business or manufacturing district, where the use is less from a residential district than that specified in the regulations for the district in which it is located.

5.7-4

In any district where an established building, structure or use is non-conforming with respect to the standards prescribed herein for any of the following:

a.

Yards front, side, rear or transitional;

b.

Off-street parking and loading;

c.

Lot area;

d.

Building height;

e.

Gross floor area.

(Ord. No. 1224, Exh. B, 12-2-19)