If, at the time of enactment of this chapter, any legal activity is being pursued or any lot or structure legally utilized in a manner or for a purpose which does not conform to the provisions of this chapter, such manner of use or purpose may be continued as herein provided, except that advertising structures that become nonconforming because of rezoning have 24 months within which to relocate in a permitted area.
A. 
A nonconforming structure to be extended or enlarged shall conform to the provisions of this chapter.
B. 
A nonconforming use may be extended throughout any part of a structure which was arranged or designed for such activity at the time of enactment of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
If any nonconforming use (structure or activity) is discontinued for a period exceeding two years, after the enactment of this chapter, it shall be deemed abandoned and any subsequent use shall conform to the requirements of this chapter.
D. 
If no structural alterations are made, a nonconforming use of land or of a building may be changed to another nonconforming use of the same or of a more restricted classification. Wherever a nonconforming use of land or of a building has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.
E. 
The casual, temporary or illegal use of land or of a building shall not be sufficient to establish the existence of a nonconforming use, and the existence of a nonconforming use on a part of a lot or tract of land shall not be construed to establish a nonconforming use on the entire lot or tract; provided, however, that certain uses designed for temporary and seasonal use and having been so operated for a period of two years prior to adoption of this chapter may continue to operate.
F. 
When evidence available to the Zoning Administrator is deemed by him/her to be inconclusive as to whether or not a nonconforming use exists, or whether any use existed at a particular time, the matter shall be a question of fact to be determined on appeal by the Board of Zoning Appeals after public notice and hearing and in accordance with the rules of the Board.
G. 
A building nonconforming only as to height, lot area, setback or yard regulations may be altered or extended provided such alteration or extension does not increase the degree of nonconformity in any respect.
A. 
If a nonconforming use is destroyed or damaged in any manner to the extent that the cost of restoration to its condition before the occurrence shall exceed 50% of the cost of reconstructing the entire activity, it shall be restored only if such use complies with the current zoning classification requirements of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
If such building is damaged greater than 50% and cannot be repaired, rebuilt or replaced except to restore it to its original nonconforming condition, the owner shall have the right to do so.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Where a conforming structure devoted to a nonconforming use is damaged less than 50% of the cost of reconstructing the entire structure, or where a nonconforming structure is damaged less than 75% of the cost of reconstructing the entire structure, it may be either repaired or restored, provided any such repair or restoration is started within 12 months and completed within 18 months from the date of partial destruction.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
The cost of land or any factors other than the cost of the structure are excluded in the determination of cost of restoration for any structure or activity devoted to a nonconforming use.
E. 
Where a nonconforming use or structure is destroyed or damaged to the extent that it may be restored only if it complies with the requirements of this chapter, the governing body reserves unto itself the right to determine if compliance with the requirements of this chapter presents an undue hardship. If such hardship, either economic or physical, is determined to exist, the governing body may issue a special exception permit (see Article IV) to continue the nonconforming use or structure with appropriate restrictions and regulations.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
If any lot of record at the time of the adoption of this chapter is less in area or width than the minimum required by this chapter, the lot may be used when the requirements of this chapter regarding setbacks and side and rear yards are met.
The construction or use of a nonconforming building or land area for which a permit was issued prior to the adoption of this chapter may proceed, provided such building is completed within one year or such use of land is established within 30 days after the effective date of this chapter.
On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of non-load-bearing walls, fixtures, wiring or plumbing, to an extent not exceeding 10% of the current replacement value of the structure, provided that the cubic content of the structure, as it existed at the time of passage or amendment of this chapter, shall not be increased.
Whenever the boundaries of a district are changed, any uses of land or buildings which become nonconforming as a result of such change shall become subject to the provisions of this chapter.
[Amended 12-17-2003]
The owner of a valid nonconforming mobile or manufactured home not located in a mobile or manufactured home park may replace that home with a newer manufactured home, either single- or multisection, that meets the current HUD manufactured housing code. Any such replacement shall retain the valid nonconforming status of the prior home.