Any use of land or structures lawfully existing on the effective date of this Ordinance, that is not allowed in the district in which the use is located or any use or structure which becomes nonconforming as a result of an amendment to this Ordinance may be continued, subject to the following conditions.
(A) 
No nonconforming use of land shall be extended to occupy a greater area of land that [than] was occupied at the effective date of adoption or amendment of this Ordinance.
(B) 
No nonconforming use of land shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by the use at the effective date of adoption or amendment of this Ordinance.
(C) 
No existing structure devoted to a use not allowed by this Ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except for routine repairs or in changing the use of the structure to a use allowed in the district in which it is located.
(D) 
Any nonconforming use may be extended throughout any parts of a building, which were manifestly arranged or designed for the use at the time of adoption or amendment of this Ordinance, but no use shall be extended to occupy any land outside the building.
(E) 
Any structure, or structure and land in combination, in or in which a nonconforming use is superseded by an allowed use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.
(F) 
Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming use status of the land. Thereafter, the land must be used in compliance with the rules established in this Ordinance governing the district in which the land is located. Destruction for the purpose of this Ordinance is defined as damage to an extent of more than 50% of the replacement cost at time of destruction.
(G) 
The Council, after notice and hearing, may require that a nonconforming use be screened from view of the street or surrounding property, or may require the elimination of any nuisance caused by a nonconforming use.
(H) 
When nonconforming structures or land have ceased to be used for any nonconforming use for more than six (6) full calendar months, whether with intent to abandon such use or not, the nonconforming use shall not thereafter be made of such structures or land.
(I) 
Exception. Nonconforming residential use in a commercial district. Any nonconforming residential use in a commercial district may be enlarged by the following:
(1) 
Unattached Storage Buildings;
(2) 
Unenclosed additions to the residence such as patios, porches, and carports.
(3) 
A single one-time attached enclosed addition to the residence no greater than 380 square feet.
(Ordinance 484 adopted 2/18/08; Ordinance 522, sec. 1, adopted 6/21/10; Ordinance 547 adopted 4/18/11)
(A) 
Any structure lawfully existing on the effective date of this Ordinance, or any amendment hereto that is designed for a use not allowed in the district where the structure is located shall be designated a nonconforming structure.
(B) 
Except as provided for in Section 3.01(I), no nonconforming structure may be enlarged or altered, except to redesign it for a use allowed in the district where the structure is located. Ordinary maintenance and repairs are allowed.
(C) 
Should the nonconforming structure be destroyed by any means to an extent of more than 50% of its replacement cost at time of destruction, it shall not be reconstructed, except in conformity with the provisions of this Ordinance.
(D) 
Should the structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(Ordinance 484 adopted 2/18/08; Ordinance 522, sec. 2, adopted 6/21/10)
(A) 
Any structure lawfully existing on the effective date of this Ordinance, or any amendments hereto, that is designed for a use that is allowed in the district where the structure is located, but which does not comply with one or more of the dimensional regulations of this Ordinance, such as limitations on areas, lot coverage, height, parking area and locations on lot, shall be designated a noncomplying structure.
(B) 
Noncomplying structures shall be treated the same as structures which comply with all of the regulations of this Ordinance, provided that alterations shall not be allowed which increase the noncompliance.
(Ordinance 484 adopted 2/18/08)