(a)

The following lawful nonconforming uses of land may be continued:

(1)

A use of land which existed prior to the effective date of the ordinance from which these zoning regulations are derived.

(2)

A use of land existing at the time of the annexation.

(3)

A use of land existing at the time an amendment is made to the zoning ordinance which changes such land to a more restricted district or extends the jurisdiction of the zoning ordinance to the land use.

(b)

The lawful use of a building or premises located upon any land, except as provided in section 40-738, may be continued although such use does not conform with the provisions of the zoning regulations, and such use may be continued throughout the building, and such nonconforming use may be changed to another nonconforming use of the same or more restricted use classification. Except as provided in section 40-738, a building being used for a nonconforming use may be reconstructed, structurally altered, or extended and enlarged to the extent of 15 percent of the ground floor area of the building existing at the time of such use became a nonconforming use, provided, however, that the percentage of such reconstruction, structural alteration, or extension and enlargement may be increased to 25 percent of the ground floor area of the building existing at the time such use became a nonconforming use, as a variation from the 15 percent restriction, if, upon appeal to the board of zoning appeals, said board approves and grants the same. The foregoing provisions shall also apply to any uses of buildings that may be made nonconforming by any subsequent amendment or change of the zoning regulations.

(c)

Normal maintenance and incidental repair, or replacement, installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing, may be performed on any structure that is devoted in whole or in part to a nonconforming use.

(d)

Nothing in these regulations shall be deemed to prevent the strengthening or restoring to a safe condition of a structure in accordance with an order of a public official who is charged with protecting the public safety who declares such structure to be unsafe and orders its restoration to a safe condition.

(Ord. No. 3826(1), art. XXVII, § 1, 7-3-2001)

(a)

When a nonconforming use is discontinued or abandoned, for a period of 12 consecutive months, such use shall not thereafter be re-established or resumed, and any subsequent use or occupancy of such land shall comply with the regulations of the zoning district in which such land is located.

(b)

No use which is accessory to a principal nonconforming use shall continue after such principal use shall cease or terminate.

(c)

No nonconforming structure shall be moved in whole or in part for any distance whatever, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.

(d)

Whenever a nonconforming use of building has been changed to a more conforming use, such use shall not thereafter be changed to a less conforming use.

(e)

A nonconforming building which has been damaged to the extent of more than 50 percent of its fair market value by fire, explosion, act of God, or the public enemy shall not be restored, except in accordance with all zoning regulations of the zoning district. In the event a question may arise on the fair market value of such a building, the same shall be determined by three appraisers: one shall be selected by the governing body, one shall be selected by the owner of the building, and the third appraiser shall be selected by the two selected appraisers. If the first two appraisers selected cannot agree on the selection of the third such appraiser, the judge of the appropriate court shall be requested to appoint the third appraiser. The decision of the appraisers, or a majority of them, shall be final and conclusive and shall be binding upon all concerned to the purpose of determining whether the damaged property may be restored. The cost of such appraisal shall be paid by the property owner.

(Ord. No. 3826(1), art. XXVII, § 2, 7-3-2001)