A nonconforming structure may continue and be maintained, subject to the following limitations:

(a)

Maintenance, repairs, changes to interior partitions and other nonstructural improvements may be made to a nonconforming structure.

(b)

Structural repairs, such as bearing walls, columns, beams or girders, may be modified only when the Building Official determines that such modification or repair is immediately necessary to protect the health and safety of the public, occupants of the nonconforming structure or adjacent property, and the cost does not exceed one-half of the replacement cost of the nonconforming structure.

(c)

If a nonconforming structure is damaged or partially destroyed by fire or any other calamity or act of God to the extent of not more than 50% of its replacement cost, it may be restored to its original dimensions, and no more. If such damage or destruction exceeds 50% of the fair market value of such nonconforming structure, no repairs or reconstruction shall be made unless every portion of such building and the site is made to conform to all the regulations of the district in which it is located.

(d)

A nonconforming structure shall not be enlarged or extended in any manner unless all such changes and/or improvements conform to all regulations of the zoning district in which it is located.

(e)

If the use of a nonconforming structure is discontinued for a period of one year or more the structure shall lose its nonconforming status and shall not be reused unless it is brought into conformance with the provisions of this chapter.

(§ 8-5.7301, Ord. 010-94, eff. January 5, 1995)

The nonconforming use of a structure may be continued subject to the following limitations:

(a)

A nonconforming use of a structure may be changed to another nonconforming use of the same or a more restrictive classification; provided, however, when such use is changed to a use of a more restrictive classification, it shall not thereafter be changed back to a use of a less restrictive classification.

(b)

If a nonconforming use of a structure or a portion thereof is converted to a conforming use, no nonconforming use may be resumed in the structure or portion thereof.

(c)

A nonconforming use of a portion of a structure which otherwise conforms to the use regulations shall not be expanded or extended into any other portion of a structure nor changed except to a conforming use.

(d)

If any nonconforming use of a structure or portion thereof is abandoned, discontinued or terminated for a period of one year or more, the right to continue the nonconforming use shall expire and subsequent use of the structure or portion thereof shall be in conformity with the regulations of the zoning district in which it is located.

Nonconforming use of a structure may be re-established in a structure which cannot be used for conforming uses because of the original design or because of lawful structural changes made for a previous nonconforming use. A use permit shall be required to re-establish uses. In order to grant a use permit, the Planning Commission shall be required to make the following findings:

(1)

The structure can be reasonably expected to remain in active use for a period of 20 years without requiring repairs or maintenance in excess of 50% of the structure value within any five-year period.

(2)

The continuation of the use or structure will not be incompatible with or detrimental to neighboring conforming uses.

As a condition of the use permit, a time limit may be placed on the ongoing nonconforming use of the structure.

(§ 8-5.7302, Ord. 010-94, eff. January 5, 1995)

The nonconforming use of land, except as otherwise provided in this article, may be continued, provided:

(a)

No such nonconforming use of land shall in any way be expanded or extended, either on the same or adjoining property.

(b)

If such nonconforming use of land, or any portion thereof is discontinued for a period of one year, any future use shall be in conformity with the regulations of the district in which it is located.

(c)

A nonconforming use of land may change to only a use that is in conformance with the regulations of the district in which it is located.

(§ 8-5.7303, Ord. 010-94, eff. January 5, 1995)

Any lawfully created lot which fails to meet the standards for area or dimensions of the district in which it is located shall be considered buildable for purposes of this chapter, provided that all site development standards for the improvements are met or a variance (Section 8-5.7004) from any of the site development standards is approved.

(§ 8-5.7304, Ord. 010-94, eff. January 5, 1995)

Any junkyard which exists as a nonconforming use in any district other than a residence district shall, within one year after the effective date of any change in district creating such nonconforming use, be removed, be changed to a conforming use, or be completely enclosed within a building or within a continuous solid fence not less than eight ft. high so as to completely screen all the operations of such junkyard.

(§ 8-5.7305, Ord. 010-94, eff. January 5, 1995)

If the use of a nonconforming sign is abandoned, discontinued, or terminated for a period of six months or more, the right to continue to use the nonconforming sign shall expire and the sign shall be removed within 90 days. Said sign shall not be reused unless it is brought into conformance with the provisions of this chapter. In no event shall the nonconforming sign be used for anything other than permanent on-site business identification. The property owner is responsible for sign removal.

Property owners that have existing standing nonconforming signs that have lost their right to continue use because of abandonment, discontinuance, or termination prior to the effective date of this section may regain the right to continue to use their nonconforming sign provided (i) an application for exemption is received by the planning department within three months of the effective date of this section, and (ii) the resignage is completed within nine months of the effective date of this section.

All nonconforming signs shall be maintained in good physical condition as stated in Section 8-5.6303.

(§ 8-5.7306, Ord. 010-94, eff. January 5, 1995; § 1, Ord. 10-96, eff. December 19, 1996; § 3, Ord. 004-06, eff. June 15, 2006)