The lawful nonconforming use of a structure, land or water existing at the time of the adoption or amendment of this chapter may be continued although the use does not conform with the provisions of this chapter, provided that:

(1)

Only that portion of the land or water in actual use may be so continued and the structure may not be extended, enlarged, reconstructed, substituted, moved or structurally altered, except when required to do so by the law or order of a court or administrative body of competent jurisdiction or so as to comply with the provisions of this chapter.

(2)

The total lifetime structural repairs or alterations shall not exceed 50 percent of the assessed value of the structure at the time of its becoming a nonconforming use, unless it is permanently changed to conform to the use provisions of this chapter.

(3)

Substitution of new equipment may be permitted by the board of appeals if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.

(Code 1993, § 17.60)

If such nonconforming use is discontinued or terminated for a period of 12 months, any future use of the building, premises, structure, fixture shall conform to the provisions of this chapter. Nonconforming structures that are damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold or infestation may be restored to the size, location, and use that it had immediately before the damage or destruction. Provided, however, the size of the structure may be larger than it was immediately before the damage or destruction if necessary for the structure to comply with applicable state and federal requirements.

(Code 1993, § 17.61; Ord. No. 2007-09-08-C, § 9, 9-10-2007)

The lawful nonconforming structure existing at the time of the adoption of the ordinance from which this chapter is derived or amendment of this chapter may be continued, although its size or location does not conform with the lot width, lot area, yard, height, parking and loading and access provisions of this chapter. Expansion of lawful nonconforming structures is allowed provided:

(1)

The footprint of the expansion does not exceed 50 percent of the footprint (enclosed space) of the structure at the time it became nonconforming; and

(2)

The expansion shall conform to the provisions of this chapter.

(Code 1993, § 17.62; Ord. No. 2013-10-09-D, § 1, 10-8-2013)

Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure. Once the board of appeals has permitted the substitution of a more restrictive nonconforming use for an existing nonconforming use, the previous use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the board of appeals.

(Code 1993, § 17.63)

In any residential district, a one-family detached dwelling and its accessory structures may be erected on any legal lot or parcel of record in the county register of deeds office before the effective date of the ordinance from which this chapter is derived or amendment of this chapter. Such lot or parcel shall be in separate ownership from abutting lands. If abutting lands and the substandard lot are owned by the same owner, the substandard lot shall not be sold or used without full compliance with the provisions of this chapter. If in separate ownership, all the setback requirements shall be complied with as set forth in the schedule of regulations, section 52-40.

(Code 1993, § 17.64)