Where, on the effective date of adoption of the ordinance from which this chapter is derived, a lawful use of land exists that is made no longer permissible under the terms of these zoning regulations as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the ordinance from which this zoning chapter is derived.

(2)

If any such nonconforming use of land ceases for any reason for a period of more than six months, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.

(3)

Where an existing manufactured home has been destroyed by more than 60 percent by an act of God, or fire, the planning commission may consider a request for a conditional use permit (CU) to substitute a post-1976 federal regulation single-wide manufactured home for a single-wide manufactured home or a multisection manufactured home for any pre-existing manufactured home on the property and may be placed at the location of the previously existing manufactured home or anywhere else on the legally described parcel or tract of land (as determined by the office of the assessor of the county at the time of destruction of the original manufactured home) where the original manufactured home was located; provided, however, even if the conditional use request permitted hereunder is granted, nothing contained herein shall relieve any other requirement of conformance of the substituted manufactured home with applicable law or ordinance or, as applicable and available, the necessity to procure a variance from the board of adjustment to address any nonconforming aspects of the substitute manufactured home (including the location of the same).

(Code 1983, § 28-101; Ord. No. K-286, § 1(art. VIII, § 1), 11-21-1988; Ord. No. M-90, § 2, 10-21-2013)

Where a lawful structure exists at the effective date of adoption or amendment of the ordinance from which this zoning chapter is derived that could not be built under the terms of these regulations by reasons of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

Such structure may be remodeled to maintain the premises in a safe and usable condition.

(2)

Should a structure be destroyed by any means to an extent of more than 60 percent of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this zoning chapter, or upon approval of the board of adjustment.

(3)

Such structure, upon the approval of the board of adjustment, may be added to if said addition meets the area requirements of the land use zoning district in which the structure is located, provided said use of structure is in conformance with this zoning chapter.

(Code 1983, § 28-102; Ord. No. K-286, § 1(art. VIII, § 2), 11-21-1988)

If a lawful use of a structure, or of structure and premises in combination, exists at the effective date of adoption or amendment of the ordinance from which this zoning chapter is derived that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No existing structure devoted to a use not permitted by this zoning chapter in the district in which it is located shall be structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

(2)

Any nonconforming use may be extended to any portion of a structure arranged or designed for such nonconforming use at the time of adoption or amendment of this zoning chapter, but no such use shall be extended to occupy any land outside such building.

(3)

If no structural alterations are made, any nonconforming use of a structure or structure and premises, may be changed to another nonconforming use, provided that the board of adjustment shall determine that the proposed use is equally appropriate to the district as the existing nonconforming use.

(4)

Any nonconforming use, once changed to a conforming use, shall thereafter conform to the regulations for the district in which such structure is located and all new uses shall be conforming uses.

(5)

When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months, the structure or structure and premises in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located.

(6)

Should a structure containing a nonconforming use be destroyed by any means to an extent of more than 60 percent of its replacement cost at time of destruction, the owner may request permission of the board of adjustment to reconstruct the structure and to continue the nonconforming use. The board of adjustment may grant or deny a request to reconstruct such a structure. In granting a request to reconstruct the structure, the board may require conformance to yard requirements, on-lot parking space, adequate screening from adjacent uses and such other items deemed appropriate to the district in which located.

(Code 1983, § 28-103; Ord. No. K-286, § 1(art. VIII, § 3), 11-21-1988)