(1)

The following lawful nonconforming uses of land may be continued:

(a)

A use of land which existed prior to the effective date of Zoning Ordinance No. 1241.

(b)

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

(c)

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

(2)

The lawful use of a building located upon any land, except as provided in section 2 below, may be continued although such use does not conform with the provisions of this zoning ordinance and such use may be continued throughout the building if no structural alterations are made therein, except those required by law or ordinance. If no structural alterations are made in such building, a nonconforming use of the building may be changed to another nonconforming use of the same or more restricted use classification. The foregoing provisions shall also apply to any uses of buildings which may be made nonconforming by any subsequent amendment or change of this zoning ordinance.

(1)

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

(2)

A nonconforming building which has been damaged to the extent of more than fifty (50) per cent of its structural 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, unless a special use permit is obtained to authorize such restoration. In the event a question may arise on the structural value of such a building, the same shall be determined by three (3) appraisers; one shall be elected by the governing body, one shall be elected by the owner of the building, and the third appraiser shall be selected by the two (2) selected appraisers. If the first two (2) appraisers selected cannot agree on the selection of the third such appraiser, the county court judge 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. The fees of the appraisers shall be set as provided by State statute in eminent domain proceedings.

(3)

Existing nonconforming structures and buildings may not be enlarged, extended or reconstructed unless a special use permit is obtained.

(Ord. No. 1955, § 1, 4-20-2006)

In the event that a nonconforming use of any building or premises is discontinued or its normal operation stopped for a period of eighteen (18) months, the use of the same shall thereafter conform to the uses permitted in the district in which it is located unless a special use permit is obtained to allow the nonconforming use to continue. In the event that a special use permit is obtained such nonconforming use may continue even though it was previously discontinued for a period of eighteen (18) months.

(Ord. No. 1574, § 1, 7-14-1988; Ord. No. 1956, § 1, 4-20-2006)

Nonstandard uses existing immediately prior to the effective date of Ordinance No. 1574 may be continued, although such uses do not conform to the provisions of the district regulations. Nonstandard structures and buildings may be enlarged, extended or reconstructed, as follows:

(1)

Enlargements, extensions or reconstructions may be made as required by law or ordinance.

(2)

Enlargement, extension or reconstruction of buildings or structures may otherwise be made if such changes comply with the minimum requirements as to front yard, side yard, rear yard and height for the district in which they are located.

(Ord. No. 1574, § 1, 7-14-1988)