GENERAL PROVISIONS
Except as specifically provided herein, the size of the building or structure or use of land may not be increased. Any expansion of use permitted under this article applies only to land owned or occupied by the use at the time of adoption of this ordinance.
Normal maintenance and repair of a building or other structure containing a nonconforming use may be performed, provided there is no physical change to the building or structure and such maintenance or repair does not extend or intensify the nonconforming use, except as otherwise specifically approved in writing by the executive director.
Any legal nonconforming use, regardless of classification, shall continue until, or unless, modified or terminated as herein provided. Such use may be sold, transferred, inherited, or otherwise alienated, provided the use remains the same or of a more restricted character. Such use may not be changed to any less restricted use.
If any part of a building, structure or land occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this ordinance, those premises shall not thereafter be used or occupied by any nonconforming use, even though the building may have been originally designed and constructed for the prior nonconforming use.
No building shall be erected or expanded, and no use of land area expanded upon any premises devoted to a nonconforming use, except in conformance with all other provisions of this ordinance.
Nothing herein contained shall require any change in the plans, construction, or designated use of a building for which a building permit or improvement location permit has been issued prior to the date of passage of this ordinance and on which construction will be begun within 30 days after the date of the permit and diligently prosecuted to completion (completed within 18 months from beginning construction).
In the event that a nonconforming use of any building or premises is discontinued for a period of one year, the use of the same shall thereafter conform to the uses permitted in the district in which it is located, and provided further, that any nonconforming dwelling which is deficient in ground floor area, and which is removed from an area of a lot, shall not relocate on the lot or be replaced by any other dwelling which will increase nonconformity according to the requirements of the ordinance. Notwithstanding the foregoing provision, an agricultural confinement feeding operation established prior to the enactment of this ordinance may be discontinued for a period of up to two years and thereafter re-established without the need for a rezone, special uses, or variance per other requirements of this ordinance.
If no enclosed building is part of the nonconforming use, the discontinuance of a nonconforming use for a continuous period of six months shall constitute abandonment of the use.
Appropriate permits shall be obtained with respect to all changes which pertain to legal nonconforming use.
These provisions apply in the same manner to a use which may become a nonconforming use because of an amendment to this ordinance.
Nothing in this ordinance is intended to preempt other applicable state and federal laws or regulations. Nor are they intended to interfere with, abrogate, or annul any other ordinance, rule, or regulation, statute, or other provision of law. If any provision of these regulations imposes restrictions different from any other ordinance, rule, regulation, statute, or provision of law, the provisions that is more restrictive or that imposes higher standards shall govern.
GENERAL PROVISIONS
Except as specifically provided herein, the size of the building or structure or use of land may not be increased. Any expansion of use permitted under this article applies only to land owned or occupied by the use at the time of adoption of this ordinance.
Normal maintenance and repair of a building or other structure containing a nonconforming use may be performed, provided there is no physical change to the building or structure and such maintenance or repair does not extend or intensify the nonconforming use, except as otherwise specifically approved in writing by the executive director.
Any legal nonconforming use, regardless of classification, shall continue until, or unless, modified or terminated as herein provided. Such use may be sold, transferred, inherited, or otherwise alienated, provided the use remains the same or of a more restricted character. Such use may not be changed to any less restricted use.
If any part of a building, structure or land occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this ordinance, those premises shall not thereafter be used or occupied by any nonconforming use, even though the building may have been originally designed and constructed for the prior nonconforming use.
No building shall be erected or expanded, and no use of land area expanded upon any premises devoted to a nonconforming use, except in conformance with all other provisions of this ordinance.
Nothing herein contained shall require any change in the plans, construction, or designated use of a building for which a building permit or improvement location permit has been issued prior to the date of passage of this ordinance and on which construction will be begun within 30 days after the date of the permit and diligently prosecuted to completion (completed within 18 months from beginning construction).
In the event that a nonconforming use of any building or premises is discontinued for a period of one year, the use of the same shall thereafter conform to the uses permitted in the district in which it is located, and provided further, that any nonconforming dwelling which is deficient in ground floor area, and which is removed from an area of a lot, shall not relocate on the lot or be replaced by any other dwelling which will increase nonconformity according to the requirements of the ordinance. Notwithstanding the foregoing provision, an agricultural confinement feeding operation established prior to the enactment of this ordinance may be discontinued for a period of up to two years and thereafter re-established without the need for a rezone, special uses, or variance per other requirements of this ordinance.
If no enclosed building is part of the nonconforming use, the discontinuance of a nonconforming use for a continuous period of six months shall constitute abandonment of the use.
Appropriate permits shall be obtained with respect to all changes which pertain to legal nonconforming use.
These provisions apply in the same manner to a use which may become a nonconforming use because of an amendment to this ordinance.
Nothing in this ordinance is intended to preempt other applicable state and federal laws or regulations. Nor are they intended to interfere with, abrogate, or annul any other ordinance, rule, or regulation, statute, or other provision of law. If any provision of these regulations imposes restrictions different from any other ordinance, rule, regulation, statute, or provision of law, the provisions that is more restrictive or that imposes higher standards shall govern.