(a) Nonconforming Use of Land. Where open land is being used as a nonconforming use, and such use is the principal use and not accessory to the main use conducted in a building, such use shall be discontinued not later than two years from the date of passage of this section. During the two-year period, such nonconforming use shall not be extended or enlarged either on the same or adjoining property. Any building incident and subordinate to such use of land, such as a shed, tool house, storage building, office or trailer, shall be removed at the end of the two-year period or, if such building is constructed so as to permit the issuance of a permit for a use not excluded from the district, such building may remain as a conforming use; thereafter, both land and building shall be used only as conforming uses.
(b) Nonconforming Use of Buildings. Except as otherwise provided herein, the lawful use of a building existing at the effective date of this section may be continued although such use does not conform to the provisions hereof. If no significant structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or of a more restricted classification. Whenever a nonconforming use 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. The nonconforming use of a building may be hereafter extended throughout those parts of a building which were lawfully and manifestly arranged or designed for such use at the time of the enactment of this section.
(c) Discontinuance of Nonconforming Uses. No land, building, or portion thereof used in whole or in part for a nonconforming use in a residential or commercial district, which remains idle or unused for a continuous period of 180 days, whether or not the equipment or fixtures are removed, shall again be used except in conformity with the regulations of the residential or commercial district in which it is located.
(d) Nonconforming Advertising Signs. All advertising signs in violation of the provisions of this section shall be brought into conformity with all requirements of this section.
(e) Conditional Uses Not Conforming. Existing uses eligible for conditional use permits shall not be nonconforming uses but shall require a conditional use permit for any alteration, enlargement, or extension.
(f) Intermittent Use. The casual, intermittent, temporary or illegal use of land or buildings 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 shall not be construed to establish a nonconforming use on the entire lot or tract.
(g) Existence of a Nonconforming Use. Whether a nonconforming use exists shall be a question of fact and shall be decided by the Board of Zoning Appeals after public notice and hearing and in accordance with the rules of such Board.
(h) Nonconforming Uses Not Validated. An illegal nonconforming use under the terms of the ordinance which this Zoning Ordinance repeals shall not automatically become a legal nonconforming use by the adoption of this Zoning Ordinance.
(Ord. 98-13. Passed 9-8-98.)