The purpose of this chapter is to provide for the regulation of nonconforming buildings, structures, and uses. The long term goal of these regulations is the eventual elimination of all nonconforming buildings, structures, and uses. (Ord. 89-04, 4-3-1989)

Any building, structure or use which lawfully existed at the time of the adoption of this chapter, and which remains or becomes nonconforming upon the adoption of this chapter or its predecessors or of any subsequent amendment thereto, may be continued only in accordance with the following regulations:

   A.   Repairs, Maintenance And Alterations: Ordinary repairs, normal maintenance and nonstructural alterations may be made to a nonconforming building, structure or building containing a nonconforming use, provided that the repairs, maintenance work or nonstructural alterations do not extend or intensify the nonconforming use. Structural alterations may be made to a nonconforming building, structure or building containing a nonconforming use only in the following situations:

      1.   When alteration is required by law.

      2.   When the alteration will actually result in eliminating the nonconforming use.

      3.   When the alteration is made to improve livability in a residential nonconforming structure, provided that no structural alteration shall be made which would increase the number of dwelling units or the number of bedrooms or the height or bulk of the buildings.

   B.   Additions And Enlargements: A nonconforming building or structure or use within a nonconforming building or structure shall not be added to or enlarged in any manner unless such nonconforming building or structure and use thereof, including all additions and enlargements thereto, is made to conform to all the regulations of the district in which it is located.

   C.   Moving: No building or structure shall be moved in whole or in part in any other location unless every portion of such building or structure, and the use thereof, is made to conform to all regulations of the district into which it is moved.

   D.   Restoration Of Damaged Nonconforming Buildings Or Structures: A building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, and which is destroyed or damaged by fire or other casualty to the extent that the cost of restoration will exceed fifty percent (50%) of the physical value of the entire building or structure, shall not be restored unless it shall be made to conform to all regulations of the district in which it is located. In the event that such damage or destruction is less than fifty percent (50%) of the physical value the entire building or structure, no repairs or construction shall be made unless such restoration is started within one year from the date of the partial destruction and diligently prosecuted to completion. All reconstruction or repair shall also meet the requirements of title 9, chapter 1, "Building Codes", of this code.

   E.   Discontinuance Of Nonconforming Buildings, Structures Or Uses: A building, structure, or portion thereof, all or substantially all of which is designed or intended for a use which is not permitted in the district in which it is located, and remains unoccupied or unused for the said nonconforming use for a period of at least six (6) months, shall thereafter be occupied or used only by a use which conforms to the use regulations of the district in which it is located.

   F.   Change Of Use In Nonconforming Building Or Structure: The nonconforming use of a building or structure that existed upon the effective date hereof shall not be changed to another nonconforming use but shall be changed to a use permitted in the district in which the building or structure is located.

   G.   Nonconforming Use Of Land:

      1.   Any nonconforming use of land shall only be allowed at the intensity or level existing upon the effective date hereof.

      2.   Any nonconforming use of land, that does not contain a building with an assessed value greater than two thousand dollars ($2,000.00) shall be terminated within five (5) years from the effective date hereof. (Ord. 89-04, 4-3-1989)