This Zoning Code establishes separate districts, each of which is an appropriate area for the location of the uses which are permitted in that district. It is necessary and consistent with the establishment of those districts that those nonconforming buildings, structures, and uses which substantially and adversely affect the orderly development and assessed value of other property in the district not be permitted to continue without restriction.

   The purpose of this chapter is to provide for the regulation of nonconforming buildings, structures, and uses and to specify those circumstances and conditions under which those nonconforming buildings, structures, and uses shall be permitted to continue.

(Ord. 106. Passed 12-9-81.)

   Any nonconforming building, structure or use which existed lawfully at the time of the adoption of this Zoning Code and which remains nonconforming, and any such building, structure or use which shall become nonconforming upon the adoption of this Zoning Code, or of any subsequent amendment thereto, may be continued subject to the regulations which follow.

(Ord. 106. Passed 12-9-81.)

   (a)   Building or Structure Designed or Intended for a Nonconforming Use. Repairs and alterations may be made to a nonconforming building or structure, provided that no structural alterations which increase the bulk of the building or structure shall be made in or to 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, except those required by law or except to make the building or structure, and the use thereof, conform to the regulations of the district in which it is located. For the purpose of this section, repairs shall include the replacement of storage tanks where the safety of operation of the installation requires such replacement, and other replacements of, or substitutions for, machinery or equipment not involving structural changes to the building or structure, except as hereinabove provided.

   (b)   Building or Structure Designed or Intended for a Permitted Use. Repairs, alterations, structural changes, additions and enlargements, all or substantially all of which are designed or intended for a use permitted in the district in which it is located, provided said repairs, alterations, structural changes, additions and enlargements conform to the regulations of the district in which said building or structure is located and provided that all applicable site design and landscape requirements are met to the maximum extent possible without razing all or a portion of existing principal buildings or structures.

(Ord. 106. Passed 12-9-81.)

   No building or structure shall be moved in whole or in part to any other location on the same or any other lot unless every portion of such building or structure which is moved, and the use thereof, are made to conform to all of the regulations of the district in which it is to be located.

(Ord. 106. Passed 12-9-81.)

   A nonconforming building or structure which is destroyed or damaged by fire or other casualty or act of God, to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed 100 percent of the assessed valuation of the entire building at the time of the casualty, shall not be restored unless said building or structure, and the use thereof, shall conform to all of the regulations of the district in which it is located. In the event such damage or destruction is less than 100 percent of the assessed valuation of the entire building new, no repairs or reconstruction shall be made unless such restoration is started within one year from the date of partial destruction and is diligently prosecuted to completion. If the restoration is not started within one year of said calamity and diligently prosecuted to completion, the building or structure shall be removed and the area cleared.

(Ord. 106. Passed 12-9-81.)

   If the nonconforming use of a building, structure, or premises is discontinued for a continuous period of six months, it shall not be renewed, and any subsequent use of the building, structure, or premises shall conform to the use regulations of the district in which such building, structure, or premises is located.

(Ord. 106. Passed 12-9-81.)

   (a)   Building or Structure Designed or Intended for a Nonconforming Use. The nonconforming use of part of 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, may be extended throughout the building or structure in which said use is presently located, provided that: no changes or structural alterations which increase the bulk of the building or structure shall be made unless such changes or structural alterations, and the use thereof, conform to all the regulations of the district in which the building or structure is located and provided that applicable site design and landscape regulations are met to the maximum extent possible without razing all or a portion of existing principal buildings or structures.

   (b)   Building or Structure Designed or Intended for a Permitted Use. The nonconforming use of part of a building or structure, all or substantially all of which building or structure is designed or intended for a use permitted in the district in which it is located, shall not be expanded or extended into any other portion of such building or structure, nor changed to any other nonconforming use.

   (c)   Land. The nonconforming use of land, not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of the land, shall not be expanded or extended beyond the area it occupies.

(Ord. 106. Passed 12-9-81.)

   (a)   Building or Structure Designed or Intended for a Nonconforming Use. The nonconforming use of 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, may be changed to a use allowed in the same district in which the nonconforming use which presently occupies the building or structure is allowed, or to a use permitted in a more restrictive district.

   (b)   Building or Structure Designed or Intended for a Permitted Use. No nonconforming use shall be changed to another nonconforming use when such nonconforming use is located in a building or structure, all or substantially all of which building or structure is designed or intended for a permitted use.

   (c)   Land. The nonconforming use of land, not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of the land, shall not be changed to any other use, except to a use permitted in the district in which the land is located.

(Ord. 106. Passed 12-9-81.)