(A) General rule. Any non-conformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair or maintenance, but if the non-conformity or occupancy is discontinued for a period of more than one year, or any non-conforming use is destroyed by fire or other peril to the extent of greater than 50% of its market value, any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. The city may, by ordinance, impose upon non-conformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare or safety. This section does not prohibit the city from enforcing an ordinance that applies to adults-only bookstores, adults-only theaters or similar adults-only businesses, as defined by ordinance.
(B) Exceptions.
(1) Buildings and lots found to be non-conforming only by reason of height, yard or area requirements shall be exempt from the provisions of this section.
(2) Residential non-conforming uses in any district existing at the effective date of this chapter shall not be subject to the amortization period set forth in this section.
(3) Commercial and industrial non-conforming uses in any district will be allowed to make any repairs or alterations necessary to maintain the building(s) for the current use, including the construction of accessory structures. The repair, alteration or construction of any structure will not affect the amortization period which will remain the same as before the repair, alteration or construction occurred. Any change in the use must conform to the requirements of the district.
(4) All sanitary facilities inconsistent with WPC 40 (Individual Sewage Treatment Systems Standards) § C.2, H.2 b.(1), (2), and (4); H.2.C. (1) or inconsistent with WPC 40 in terms of size, construction, use and maintenance shall be brought into conformity or discontinued within five years from the date of enactment of shoreland provisions. Any non-conforming sanitary facilities found to be a public nuisance shall be brought into conformity or discontinued within 30 days after receiving notice from the Zoning Administrator.
(2002 Code, § 7.50) (Ord. 324, effective 11-20-1965; Ord. 2, Third Series, effective 4-1-1979; Ord. 6, Third Series, effective 7-1-1979; Ord. 65, Fourth Series, passed 5-16-1994) Penalty, see § 154.999