Skip to code content (skip section selection)
If a lawful use involving individual structures exists at the effective date of adoption or amendment of this title that would not be allowed in the district or zone under the terms of this title, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. No existing structure devoted to a use not permitted by this title in the district or zone in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in the district or zone in which it is located.
B. Any nonconforming use may be extended throughout any parts of a structure which were manifestly arranged or designed for such use at the time of adoption or amendment of this section, but no such use shall be extended to occupy any land outside such building.
C. If no structural alterations are made, any nonconforming use of a structure or structure and premises may be considered by the commission for a change to another nonconforming use through the conditional use permit process provided by this title, provided the commission shall find that the proposed use is equally appropriate or more appropriate to the district or zone than the existing nonconforming use. In permitting such change, the commission may require appropriate conditions and safeguards in accord with the provisions of this title.
D. Any existing structure devoted to a use not permitted by this title in the district or zone in which it is located that is superseded by a permitted use shall thereafter conform to the regulations for the district or zone, and the nonconforming use may not thereafter be resumed.
E. When an existing structure devoted to a use not permitted by this title in the district or zone in which it is located fails to be used for the nonconforming use for two (2) years (except where government action impedes access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district or zone in which it is located.
F. Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. "Destruction", for the purpose of this subsection, is defined as damage to an extent of more than fifty percent (50%) of the replacement value at time of destruction. (Ord. 501, 11-18-2008)
G. Any nonconforming use or structure and use in combination that is damaged or destroyed by an involuntary event such as fire, explosion, collapse or similar catastrophe may be repaired or reconstructed and the nonconforming use restored, provided the following conditions are met:
1. A building permit or building location permit has been issued, reconstruction has commenced and the use has resumed within two (2) years of the qualifying event.
2. The nonconformity shall not be enlarged, increased or intensified.
3. The reconstruction shall meet all applicable floodplain regulations of this title. (Ord. 524, 1-11-2012)